LIAQF.T ALI Versus STATE
This matter arises from a petition for leave to appeal directed against the judgment of the High Court, which had dismissed the petitioner's appeal and confirmed his conviction and death sentence under section 302 along with a sentence under section 307 of the Pakistan Penal Code 1860. The core legal question before the Supreme Court was whether any mitigating circumstances existed to warrant the reduction of the petitioner's death sentence to imprisonment for life. The Court held that the petitioner's counsel did not press the petition on merits and failed to demonstrate any mitigating circumstance that would justify a lesser sentence under section 302 of the Pakistan Penal Code 1860. Consequently, the Supreme Court refused leave to appeal and dismissed the petition. The key principle laid down is that in the absence of valid mitigating circumstances shown by the defense, a death sentence confirmed by the High Court will not be interfered with by the apex court on a petition for leave to appeal.
- Can a death sentence be reduced to imprisonment without proof of mitigating circumstances?
- Whether the Supreme Court will interfere with a confirmed death sentence when the petition is not pressed on merits?
- Section 302, Pakistan Penal Code 1860
- Section 307, Pakistan Penal Code 1860
ORDER
ASLAM RIAZ HUSSAIN, J.‑‑ Liaqat Ali petitioner was tried and convicted, inter alia, of offence under sections 302 and 307, P.P‑C. For the former offence he was sentenced to death and for the latter offence he was sentenced to 5 years R.I. and a fine of Rs.1,000. The High Court dismissed his appeal and confirmed the death sentence.
Hence the present petition for leave to appeal.
2. The learned counsel for the petitioner did not press the petition on merits but only urged that the petitioner's sentence of death be reduced to that imprisonment. He has, however not been able to show any mitigating circumstance entitling the petitioner to the lesser sentence under section 302, P.P.C. Leave is, therefore, refused.
M.I. Petition dismissed.