MAJID alias MAJU vs THE STATE and anothers
The petitioner sought the suspension of his sentence and release on bail following his conviction under section 365-A of the Pakistan Penal Code 1860 and section 7(e) of the Anti-Terrorism Act 1997, for which he was sentenced to imprisonment for life for the abduction of a minor for ransom. The core legal question was whether a sentence for abduction for ransom and terrorism can be suspended and the offense compounded on the basis of a compromise between the convict and the complainant. The Lahore High Court held that the petition was without merit and dismissed it. The court reasoned that the initial presumption of innocence had evaporated upon conviction, that abduction for ransom is a heinous offense against society, and that compromises applicable to homicide cases under the Pakistan Penal Code and Code of Criminal Procedure 1898 do not extend to heinous terrorism and abduction for ransom offenses. The key principle laid down is that offenses involving heinous acts against society, such as abduction for ransom under anti-terrorism laws, cannot be compounded on the basis of a private compromise to grant suspension of sentence.
- Whether a sentence for abduction for ransom under section 365-A of the Pakistan Penal Code 1860 can be suspended on the basis of a compromise?
- Can offenses under the Anti-Terrorism Act 1997 be compounded through a mutual compromise between the parties?
- Does the compounding framework for homicide under the Pakistan Penal Code and Code of Criminal Procedure 1898 apply to heinous offenses against society like abduction for ransom?
- Section 365-A, Pakistan Penal Code 1860
- Section 7(e), Anti-Terrorism Act 1997
- Section 302, Pakistan Penal Code 1860
- Section 309, Pakistan Penal Code 1860
- Section 310, Pakistan Penal Code 1860
- Section 345(2), Code of Criminal Procedure 1898
ORDER
' RAUF AHMAD SHEIKH, J.---The petitioner seeks suspension of sentence awarded to him by the learned Judge, Anti-Terrorism Court-II, Multan, vide judgment dated 6-7-2011 in case F.I.R. No,1050 of 2010 dated 21-9-2010 Police Station Gulgasht, District Multan, whereby he was convicted under section 365-A, P.P.C. And was sentenced to imprisonment for life. He was also convicted under section 7(e) of the Anti-Terrorism Act, 1997 and was sentenced to imprisonment for life and his property was also ordered to be forfeited.
2. Learned counsel for the petitioner has contended that the complainant has forgiven the convict/petitioner in the name of Allah Almighty. It is urged that the compounding of the offence and mutual compromise bring peace and harmony in the society so the petitioner is entitled to bail through suspension of sentence. In support of the contentions raised, reliance is placed on Ghulam All v. The State and another (1997 SCM R 1411), Ghulam Shabbir and 2 others v. The State (2003 SCM R 663) and Aziz Khan and another v. The State and another (2004 PCr.LJ 490).
3. Learned AAG h s stated that in view of the judgment passed by the august Supreme Court of Pakistan reported as 2003 SCM R 663, this Court may accord permission to compound the offence and suspend the sentence keeping in view the facts of the case.
4. The petitioner was held guilty for abduction of a minor aged 2 years for ransom. The initial presumption of innocence in favour of the petitioner/accused has evaporated due to verdict of the Court. He is involved in an offence of heinous nature against the society. The cases of abduction for ransom have increased alarmingly in the recent past. The persons involved in nefarious activities have put the parents of poor victims to the agony of sleepless nights. The permission to compound the offence punishable under section 302, P.P.C. Is a different matter because on commission of Qatl-e-amd, an adult sane Wali may waive his right of qisas under section 309, P.P.C. And same is also compoundable under section 310, P.P. . Read with section 345(2), Cr.P.C. With the permission of the court. The judgments passed by the august Supreme Court of Pakistan, which is relied -upon by learned counsel for the petitioner are not application the facts of the present petition. The case law reported as 2004 P r.LJ 490 (Peshawar) is also on distinguished facts. The society has been put to shock and fear due to the activities of the outlaws involved in sees of abduction for ransom and it is high time to check the same other is our social structure and norms of the civil society may collapse awesome act of the petitioner cannot be lost sight of in the name of the compromise.
5. For the reasons supra, the writ petition is without merits and the same is hereby dismissed.