Pakistan Case Law
2018 SCP 1120

Faisal vs The State

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Citation2018 SCP 1120
CourtSupreme Court of Pakistan
Case No.Criminal Appeal No.97/2017
Date2018-03-21
Judge(s)Ijaz-ul-Ahsan, Ejaz Afzal Khan, Dost Muhammad Khan
ResultN/A
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter came before the Supreme Court of Pakistan as a criminal appeal filed by the appellant against his conviction and sentence. The core issue before the Court was whether the sentence of life imprisonment awarded to the appellant should be maintained or reduced in the circumstances of the case. Through a short order, with detailed reasons to be recorded later, the Supreme Court partly allowed the appeal. The Court modified the sentence by converting the appellant's sentence of life imprisonment to the period of imprisonment already undergone by him. However, the Court left intact the direction regarding the payment of compensation to the legal heirs of the deceased, alongside the default stipulation requiring the appellant to undergo six months of simple imprisonment in the event of non-payment. The holding establishes that the Court may partly allow an appeal to reduce substantive imprisonment to the period already served while preserving mandatory compensation orders and associated default imprisonment terms.

Questions settled in this judgment
  • Can an appellate court reduce a sentence of life imprisonment to the period already undergone while partly allowing an appeal?
  • Does the reduction of substantive imprisonment to the period already served automatically extinguish the liability to pay compensation to legal heirs?
  • Can an order of default imprisonment for non-payment of compensation remain intact when the principal sentence is converted to time served?
criminal appealreduction of sentencesentence already undergonelife imprisonmentcompensation to legal heirsdefault sentenceshort order

1. For the reasons to be recorded later, we partly allow this appeal, convert the sentence of life imprisonment of the appellant to the one already undergone, leaving intact the amount of compensation to be paid to the legal heirs of the deceased or in default to undergo six months S.I.

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