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Petitioner: NATHU KHAN VS Respondent: THE STATE
Court Name: Supreme Court of Pakistan Judge(s): Aslam Riaz Hussain, S. A. Nusrat Title: NATHU KHAN vs THE STATE Case No.: Criminal Petition No, 353 of 1985 Date of Judgment:1985-10-14 Reported As: PLD 1986 Supreme Court 82 Result: Petition dismissed
Judgment ORDER Aslam Riaz HITSSAIN, ACTG. C. 3.-Nathu Khan petitioner seeks leave to appeal againq the judgment of the High Court, dated 8.6- 1985, whereby it suo motu enhanced the sentence of the petitioner from 2 years' R. I. To 8 years' R. I., in a case under section 376, P. P. C. 2. The facts of the prosecution case, briefly, are that Nathu Khan petitioner accused committed rape on Mst. Parveen, a little girl aged about 9 years, who was found bleeding from her private parts and had also injuries on her face, described as contusion marks 1" x 1" on each of her cheeks. On examination the lady doctor found that the hymen was ruptured and had tears and the private part was swollen even after four days. The A trial Court convicted him under section 376, P. P. C., and sentenced him to 3i years' R. I. And a fine of Rs, 100 (6 months in default of payment of fine). On appeal the learned Sessions Judge maintained the conviction but reduced his sentence of imprisonment from 31 years' R. I. To 2 years' R. I. Nathu was still not satisfied and filed a criminal revision before the High Court. The High Court issued notice to him suo motu to show cause as to why his sentence should not be enhanced. 3. After hearing the petitioner's counsel the High Court enhanced the sentence of imprisonment from 2 years' R. I. To 8 years' R. I. And the sentence of fine from Rs, 100 to Rs, 1,000, in default whereof he was ordered to undergo further R. I. For one year. 4. We have heard the learned counsel for the petitioner. The only contention raised by him in support of his prayer for reduction of sentence is that he is very old. We are of the view that instead of being a mitigating circumstance the fact that he is of advanced age goes against him, because
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he is expected to be more responsible at that age. The act done by him was not only cruel but also deplorable. Courts always try to peruse evidence against every accused with extreme care and are liberal in giving benefit of doubt wherever there is the slightest apprehension that the prosecution case might not be true. But once an offence is established against the accused beyond any reasonable doubt, as in the present case, and all the appellate as well as the revisional Courts uphold that finding, exemplary and deterrent punishments should be awarded, as observed by this Court in Muhammad Amin v. The State (1). 4-A. Each time one reads in the media about the people convicted of heinous crimes being let off with minor sentences, the impression goes round that such crimes can be committed with impunity. It might even appear to the public at large as if crime is being patronised. This creates a sense of dismay and insecurity in the peace-loving and law-abiding citizens. We are, therefore, of the view that Courts of law while E punishing such convicts should award deterrent sentences so that it is manifest that society as well as the State do not countenance such crimes and react strongly, through Courts of law. 5. We respectfully endorse the action of the learned High Court in enhancing the sentence of the petitioner in exercise of its suo motu power. ' With these observations the petition is dismissed. (11 P 1. D 1984 SC 341