SIRAJ vs The STATE
This matter concerns a petition for leave to appeal filed by the petitioner, Siraj, who was convicted under Section 302 of the Pakistan Penal Code 1860 and sentenced to death. Upon appeal, the High Court maintained the conviction but reduced the sentence to imprisonment for life. Before the Supreme Court, the petitioner's counsel limited the prayer to seeking the benefit of Section 382-B of the Code of Criminal Procedure 1898, which allows for the period of detention as an under-trial prisoner to be considered part of the substantive sentence. The Supreme Court, finding the case appropriate for such relief, converted the petition into an appeal and partly allowed it. The Court held that the petitioner is entitled to the benefit of Section 382-B, Cr.P.C., and directed the jail authorities to account for the period spent by the petitioner as an under-trial prisoner when calculating the term of his imprisonment.
- Is a convict sentenced to life imprisonment entitled to the benefit of Section 382-B of the Code of Criminal Procedure 1898?
- Can the Supreme Court grant the benefit of Section 382-B of the Code of Criminal Procedure 1898 during an appeal against conviction and sentence?
- Section 302, Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
ORDER
ASLAM RIAZ HUSSAIN, J.--Siraj petitioner was tried and convicted under section 302, P.P.C. And sentenced to death and a fine of Rs.5,000 (two years' R.I. In default of payment of fine). He filed an appeal before the High Court against his conviction and sentence, which was partly accepted, vide the impugned judgment, dated 23-4-1980, inasmuch as his conviction under section 302, P.P.C.
Was maintained but it reduced his sentence of death to that imprisonment for life. 'His sentence of fine was also maintained.
2. He has filed a petition for leave to appeal against his conviction and sentence. But before us his learned counsel only prayed that he be granted the benefit of section 382-B, Cr.P.C. Notice was issued to the State, and after hearing -the learned counsel for the parties we feel this is a fit case for grant of the aforementioned concession to the petitioner.
We, therefore, convert this petition into appeal and partly allow the same. The Jail authorities are directed to take into account the period spent by the petitioner as an under-trial prisoner while calculating/ his term of the imprisonment.