MUHAMMAD AFZAL alias SEEMA vs THE STATE
This petition for leave to appeal is directed against the judgment of the Lahore High Court upholding the conviction of the petitioner, who was a minor at the time of the offence. The petitioner was tried under Section 302/34 of the Pakistan Penal Code 1860 and convicted under Sections 306 and 308, receiving a sentence of 7 years rigorous imprisonment as Ta'zir along with payment of Diyat. The High Court subsequently directed that the petitioner be arrested and imprisoned for the non-payment of the Diyat amount. The core legal question concerns the legality of imprisoning a convict for an indefinite period until the payment of Diyat money. The Supreme Court granted leave to appeal to examine this question regarding the application of the relevant provisions of the Pakistan Penal Code 1860, particularly concerning indefinite imprisonment for non-payment of Diyat.
- Whether a minor convict can be imprisoned in jail for an indefinite period till the payment of Diyat money under the Pakistan Penal Code 1860?
- Can delay in filing a petition for leave to appeal be condoned in cases involving minor offenders?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 306, Pakistan Penal Code 1860
- Section 308, Pakistan Penal Code 1860
- Section 311, Pakistan Penal Code 1860
ORDER
' MUNIR A. SHEIKH,J.---This petition for leave to appeal is directed against the judgment dated 21-7- 1997 of the Lahore High Court passed in Criminal Appeal No,293 of 1994.
2. This petition is barred by time by eight days. For reasons recorded in the application seeking condonation of delay and keeping in view that the petitioner was minor of 13 years old when the offence was committed, we condone the delay.
3. The petitioner alongwith other was tried under section 302/34, P.P.C. For the murder of Muhammad Hussain and being minor was convicted under sections 306 and 308, P.P.C. And sentenced to 7 years S.I. As Ta'zir and also to pay Diyat to the tune of Rs,1,75,000 in lump sum or in 10 equal instalments to the legal heirs of the deceased, failing which he was ordered to remain in jail till the said amount was paid. The High Court, however, in appeal through the impugned judgment dated 21-7-1997 directed that the petitioner should be arrested and imprisoned for the payment of amount of Diyat.
4. Leave to appeal is granted to consider whether the petitioner could be imprisoned in jail for indefinite period till the payment of Diyat money under section 311, P. P.0.
5. Notice in the bail application. 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.
Cited by 3 cases
- The Collector, Model Customs Collectorate & others vs M/s. Naveena 2017 SHC 299
- The COLLECTOR, MODEL CUSTOMS COLLECTORATE and 2 others vs Messrs 2017 PTD 2123
- JAVED vs THE STATE 2009 YLR 1354