1996 SCMR 1089

MUHAMMAD RIAZ and another vs THE STATE

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Citation1996 SCMR 1089

CourtSupreme Court of Pakistan

Date1994-06-04

Judge(s)Muhammad Rafiq Tarar, Pir Muhammad Karam Shah and Maulana Muhammad Taqi Usmani

Authored byMuhammad Rafiq Tarar

ResultSentence reduced

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This criminal appeal before the Supreme Court of Pakistan concerns the quantum of sentence awarded to the appellants, Muhammad Riaz and Zahoor Ahmad, who were convicted for the offence of Zina-bil-Jabr. Initially, the trial court convicted the appellants under Section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, sentencing them to ten years of rigorous imprisonment and thirty stripes. Upon appeal, the Federal Shariat Court altered the conviction to Section 10(2) of the Ordinance but maintained the original sentence. The Supreme Court granted leave to appeal specifically to examine the appropriateness of the sentence. Relying on precedents where sentences under Section 10(2) were reduced in similar circumstances, the Supreme Court held that the ten-year sentence was excessive. Consequently, the Court reduced the sentence of rigorous imprisonment to five years, while maintaining the sentence of whipping. Furthermore, the Court directed that the appellants be granted the benefit of Section 382-B of the Code of Criminal Procedure 1898 regarding the computation of their sentence for time already spent in custody.

Questions settled in this judgment

Whether a sentence of ten years of rigorous imprisonment for an offence under Section 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance 1979 is excessive?
Can the Supreme Court reduce a sentence of imprisonment while maintaining a sentence of whipping in Zina cases?
Are convicts entitled to the benefit of Section 382-B of the Code of Criminal Procedure 1898 when a sentence is reduced on appeal?

Laws & provisions referred

Section 10(2), Offence of Zina (Enforcement of Hudood) Ordinance 1979
Section 10(3), Offence of Zina (Enforcement of Hudood) Ordinance 1979
Section 382-B, Code of Criminal Procedure 1898

Zina-bil-Jabrquantum of sentencereduction of sentenceHudood lawscriminal appealSection 382-B benefit

' MUHAMMAD RAFIQ TARAR, J.---Muhammad Riaz and Zahoor Ahmad appellants were convicted by a learned Additional Sessions Judge under section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 for committing Zina-bil-Jabr with Mst. Shakila Kausar P.W. And sentenced to R.I. For 10 years and 30 stripes each. On appeal before the Federal Shariat Court their conviction was altered from section 10(3) to section 10(2) of the Ordinance but sentence of 10 years' R.I. And 30 stripes was maintained. Vide order dated A 24-8-1992 leave to appeal was granted only to consider the question of sentence.

2. Learned counsel for the appellants contends that in Bahadur Shah's case (PLD 1987 FSC 11) in a similar situation the Federal Shariat Court on altering the conviction from section 10(3) to section 10(2) of the Ordinance reduced the sentence from R.I. For 5 years to R.I. For 4 years. He also referred to 1988 SCMR 1772 wherein sentence of R.I. For 5 years under section 10(2) awarded by the trial Court was reduced by the Federal Shari at Court to R.I. For 4 years and this Court further reduced it to the term of imprisonment already undergone by the convict in that case.

After hearing the learned counsel we feel that the sentence of R.I. For 10 years is excessive and we reduce it to R.I. For 5 years maintaining the sentence of whipping. The appellants shall also get benefit of section 382-B of the Cr.P.C. The appeal stands disposed of accordingly.

Sentence reduced.

Cited by 1 case

SOOMAR Versus THE STATE 2003 YLR 3251