Siraj Ahmad vs The State
This Jail Criminal Appeal challenges the conviction and sentence awarded to the appellant, Siraj Ahmad, by the trial court in a case involving charges under the Pakistan Penal Code 1860 and The Khyber Pakhtunkhwa Child Protection and Welfare Act, 2010. The appellant was convicted for offenses including murder and sexual assault. The core legal question before the Peshawar High Court concerned the appropriateness of the death sentences imposed by the trial court. Upon review, the High Court maintained the convictions but exercised its discretion to modify the sentences. The court held that the death sentences on two counts under Section 302(b) and Section 376(3) of the Pakistan Penal Code 1860 should be reduced to imprisonment for life on both counts. The court further ordered that all sentences of imprisonment run concurrently, granted the benefit of Section 382-B of the Code of Criminal Procedure 1898, and upheld the trial court's order regarding compensation under Section 544-A of the Code of Criminal Procedure 1898. Consequently, the Murder Reference submitted by the trial court was answered in the negative.
- Can the High Court reduce a death sentence to imprisonment for life in a criminal appeal?
- Does the benefit of Section 382-B of the Code of Criminal Procedure 1898 apply to sentences of life imprisonment?
- Should multiple sentences of imprisonment run concurrently or consecutively in the absence of specific trial court directions?
- Section 302(b), Pakistan Penal Code 1860
- Section 376(3), Pakistan Penal Code 1860
- Section 53, The Khyber Pakhtunkhwa Child Protection and Welfare Act, 2010
- Section 544-A, Code of Criminal Procedure 1898
- Section 382-B, Code of Criminal Procedure 1898
JUDGM ENT
1. M UHAM M AD IJAZ KHAN, J.- For the reasons recorded later, this Jail Criminal Appeal is partially allowed and the convictions awarded to appellant namely Siraj Ahmad by the learned trial court vide order and judgment dated 17.03.2022 under section 302(b) PPC, under section 376(3) PPC and under section 53 of The Khyber Pakhtunkhwa Child Protection and Welfare Act, 2010 in case FIR No.496 dated 18.08.2019 under sections 302/376 PPC read with section 53 of The Khyber Pakhtunkhwa Child Protection and Welfare Act, 2010, Police Station Nawanshehr, Abbottabad, are maintained, however, sentences of the appellant under section 302(b) PPC as well as under section 376(3) PPC are reduced from death on two counts to the imprisonment for life on two counts (the former as Ta'zir). The rest of the sentences of the learned trial court qua the payment of compensation amount of Rs.500,000/- to the legal heirs of deceased under section 544-A Cr.PC and payment of fine amounts shall remain intact. All the sentences of imprisonment awarded to the appellant shall run concurrently and the benefit of section 382-B Cr.PC is also extended to him.
2. Since we have reduced the sentences of the appellant from death to the imprisonment for life on two counts, therefore, Murder Reference No.01-A/2022 sent by the trial court to this court is answered in negative revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.