SAEED MUHAMMAD vs STATE and another
This criminal revision petition was filed by the petitioner/convict to challenge the order dated 12.11.2018 passed by the Additional Sessions Judge, Lahore, whereby his application for mitigation of sentence was dismissed. The core legal question involved whether a sentence of imprisonment for life under Section 394 of the Pakistan Penal Code, 1860, which survived after earlier acquittals based on a compromise for compoundable offences, could be mitigated or reviewed at this stage. The Lahore High Court held that since the conviction and sentence under Section 394 had attained finality up to the Supreme Court of Pakistan and the offence is not compoundable in nature, the merits of the conviction and sentence cannot be reviewed anymore. The court laid down the principle that a final and non-compoundable conviction upheld by the apex court is not open to subsequent review or mitigation through criminal revision.
- Whether a sentence for a non-compoundable offence can be mitigated after the conviction has attained finality up to the Supreme Court?
- Can a criminal revision be maintained to review the merits of a conviction already affirmed by the apex court?
- Whether an offence under Section 394 of the Pakistan Penal Code, 1860 is compoundable under the law?
- Section 302(b), Pakistan Penal Code 1860
- Section 394, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
- Section 345, Code of Criminal Procedure 1898
ORDER
Through this criminal revision the petitioner/convict has assailed the order dated 12.11.2018 by virtue of which his application for mitigation of sentence stands dismissed by the learned Additional Sessions Judge, Lahore.
2. Heard. File perused.
3. It has been observed that the convictio n and sentences of death under Section 302(b) of Pakistan Penal Code, 1860, imprisonment for life under Section 394 of Pakistan Penal Code, 1860 and imprisonment for 10 years under Section 324 of Pakistan Penal Code, 1860, respectively awarded to the petitioner by the learned trial Court remained intact up to the Hon'ble Apex Court. Even the mercy petition filed by the petitioner was declined by the President of Pakistan where-after vide order dated 11.11.2015 passed by the learned trial Court upon the application moved by the petitioner under Section 345 of the Code of Criminal Procedure, 1898, he was acquitted of the charges under Sections 302 and 324 of Pakistan Penal Code, 1860 on the basis of compromise while conviction and sentence awarded under Section 394 of Pakistan Penal Code, 1860 remained intact as the same is not compoundable in nature. Merits of conviction and sentence of the petitioner under Section 394 of the Code ibid have already been considered by the High Court and finally by the Hon'ble Supreme Court of Pakistan, that cannot be reviewed anymore. Hence, this criminal revision being misconceived is hereby dismissed.