Pakistan Case Law
1989 SCMR 1063

Mst. AZRA PARVEEN vs THE STATE

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Citation1989 SCMR 1063
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Special Leave to Appeal No,380 of 1978
Date1988-04-06
Judge(s)Aslant Riaz Hussain and Saad Saood Jan
Authored byAslam Riaz Hussain
ResultSentence reduced
Summary

This matter arises from a criminal petition converted into an appeal before the Supreme Court of Pakistan, wherein the appellant Mst. Azra Parveen challenged her conviction and sentence under Section 307 of the Pakistan Penal Code 1860 for throwing kerosene oil on the complainant and setting her on fire, resulting in a sentence of 7 years rigorous imprisonment and a fine of Rs. 15,000. The core legal question addressed is whether the sentence of imprisonment imposed on the appellant warrants reduction in light of the surrounding circumstances and subsequent developments. The Supreme Court held that the plea for reduction of the sentence of imprisonment is justified, particularly given that the substantial fine of Rs. 15,000 has already been paid by the appellant and the Additional Advocate-General raised no objection. Consequently, the Court partly allowed the appeal, reducing the sentence of imprisonment to the period already undergone while maintaining the fine.

Questions settled in this judgment
  • Whether a sentence of imprisonment under Section 307 of the Pakistan Penal Code 1860 can be reduced to the period already undergone when the fine has been paid?
  • Can the Supreme Court convert a petition for leave to appeal into an appeal and dispose of it accordingly?
Laws & provisions referred
  • Section 307, Pakistan Penal Code 1860
criminal appealreduction of sentenceattempted murderfine paidSupreme Court of Pakistan

ORDER

' ASLAM RIAZ HUSSAIN, J.--After hearing the learned counsel for the petitioner as well as the learned counsel for the complainant and the learned Additional Advocate-General, who appeared to assist the Court in response to a notice issued to him, we convert this petition into appeal and proceed to dispose of it as such.

2. In this case Mst. Azra Parveen was tried and convicted under section 307, P.P.C. For throwing kerosine oil on Mst. Kalsoom Akhtar and setting her on fire, for which she was sentenced to 7 years'

R.I. And a fine of Rs,15,000.

3. Considering the circumstances in which the occurrence took place and the subsequent developments, brought to our notice by the learned counsel for the petitioner and admitted by the counsel for the complainant, we feel that the plea for reduction of sentence of imprisonment urged by the petitioner's counsel is justified specially in view of the fact that the fine of Rs,15,000 has already been paid by the appellant.

' Learned Additional Advocate-General has no objection.

4. We, therefore, allow the appeal partly inasmuch as we reduce the appellant's sentence of imprisonment under section 307, P.P.C. To that already undergone by her. The sentence of fine (which has already been paid), is, however, maintained. 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.

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