YOUSAF ALI and others vs THE STATE
This criminal petition, converted into an appeal, concerns the conviction of the petitioners under sections 326, 452, and 148 of the Pakistan Penal Code 1860. The core legal question involved the validity of the convictions recorded by the lower courts and the impact of a compromise reached between the injured complainant and the petitioners regarding the offence under section 326, Pakistan Penal Code 1860. The Supreme Court of Pakistan, upon reviewing the record, found no illegality or misreading of evidence regarding the convictions under sections 452 and 148, Pakistan Penal Code 1860. However, acknowledging that the complainant had pardoned the petitioners for the offence under section 326, Pakistan Penal Code 1860, the Court accepted the compromise. Consequently, the Court set aside the conviction and sentence under section 326, Pakistan Penal Code 1860, resulting in the acquittal of the petitioners for that specific charge. While upholding the convictions under sections 452 and 148, Pakistan Penal Code 1860, the Court exercised its discretion to reduce the sentences to the period already undergone by the appellants.
- Can a conviction under section 326 of the Pakistan Penal Code 1860 be set aside upon a compromise between the complainant and the accused?
- Is it permissible for the Supreme Court to reduce a sentence to the period already undergone while upholding convictions under other sections of the Pakistan Penal Code 1860?
- Does a compromise regarding one offence necessitate the acquittal of the accused for all other offences charged in the same case?
- Section 326, Pakistan Penal Code 1860
- Section 452, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
' MUNIR A. SHEIKH, J.---Petitioner Muhammad Tariq son of Kutab Ali and Muhammad Raman complainant who have been identified by Rashid Akhtar, Advocate are present in person.
2. Muhammad Tariq injured has compounded the offence under section 326, P.P.C. He has confirmed that he has pardoned the petitioners in the name of Almighty God and has no objection if their conviction and sentence under section 326, P.P.C. Recorded by the Courts below is set aside and they are acquitted.
3. We have heard learned counsel for the petitioners on the question of legality of conviction recorded against the petitioners under sections 452/148, P.P.C. And find that the findings of the Courts below are based on correct, elaborate and careful examination of the record and do not suffer from any illegality on account of misreading and non-reading of any material piece of evidence.
4. The complainant has already compounded the offence under section 326, P.P.C. We while considering the material available on the record alongwith the attending circumstance find that it is a fit case for reduction of sentence of the petitioners under sections 452/148, P.P.C.
5. For the foregoing reasons, this petition is converted into appeal and partly accepted in that conviction and sentence recorded and awarded by the Courts below to the appellants under section 326, P.P.C. Having been compounded is set aside and they are acquitted of the said charge.
6. The appellants's conviction under sections 452/148, P.P.C. Is upheld but their sentence is reduced to periods already undergone. They shall be released forthwith unless are required in some other case.
Cited by 5 cases
- MUHAMMAD ZUBAIR KHAN Versus State 2023 YLRN 73
- Moinuddin, etc vs The State, etc 2019 PLD Supreme Court 749, 2020 PLJ SC 174, 2020 PSC (Crl.) 317, 2019 SCP
- The STATE and 4 others vs TARIQ HUSSAIN and another 2018 MLD 1573
- WALI MUHAMMAD and 2 others vs THE STATE and 2 others 2011 P Cr. L J 1252
- MUHAMMAD RAVVAB vs STATE & another 2007 PLJ SC 16