MUHAMMAD SADIQ Versus State M. Zaman Bhatti
This matter arises from a petition for leave to appeal before the Supreme Court of Pakistan, wherein the petitioner sought a reduction of sentence. It was contended that the petitioner is the real brother of the complainant, was seventy years of age at the time of the incident, is a weak and infirm person, and was unable to actively participate in the commission of the offence. Furthermore, it was highlighted that the petitioner mentioned his age as eighty years in his jail petition, which constitutes an extenuating circumstance warranting consideration for sentence reduction. The core legal question concerns whether advanced age and physical infirmity, along with circumstances of participation, can serve as extenuating grounds for reducing a sentence. The Supreme Court granted leave to appeal to examine this contention.
- Whether advanced age and physical infirmity can be considered as an extenuating circumstance for the reduction of a sentence?
- Does the inability to actively participate in the commission of an offence warrant a lesser sentence?
ORDER
It is, inter alia, contended that petitioner is real brother of complainant who at the time of incident was seventy years of age is a weak and infirm person and was not able to actively participate in the commission of offence. According to him, petitioner even in his jail petition has mentioned his age as 80 years, which is an extenuating circumstance for reduction of sentence of petitioner. Leave to appeal is granted to consider the above' contention.
2. Notice be issued to complainant for a date in office.
N.H.Q./M-96/SC Leave granted.