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Official Citation: 2023 PHC 516
Court / Jurisdiction: Peshawar High Court
Year of Decision: 2023
Decision Date: 2023-11-14
Parties: Siraj Ahmad vs The State
Ruling Summary: This decision was rendered by the Peshawar High Court on 2023-11-14, officially reported as 2023 PHC 516. In this matter between Siraj Ahmad and The State, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
Case cited as 2023PHC516
Court Name: Peshawar High Court Judge(s): Muhammad Ijaz Khan, Kamran Hayat Miankhel Title: Siraj Ahmad vs The State Case No.: Jail Criminal Appeal No. 63-A/2022 with Murder Reference No. 01-A/2022 Date of Judgment:2023-11-14 Reported As: 2023 PHC 516 Result: Appeal Partly Allowed
Judgment JUDGM ENT M UHAM M AD IJAZ KHAN, J.- For the reasons recorded later, this Jail Criminal Appeal is partially allowed and the convictions awarded to appellant namely Siraj Ahmad by the learned trial court vide order and judgment dated 17.03.2022 under section 302(b) PPC, under section 376(3) PPC and under section 53 of The Khyber Pakhtunkhwa Child Protection and Welfare Act, 2010 in case FIR No.496 dated 18.08.2019 under sections 302/376 PPC read with section 53 of The Khyber Pakhtunkhwa Child Protection and Welfare Act, 2010, Police Station Nawanshehr, Abbottabad, are maintained, however, sentences of the appellant under section 302(b) PPC as well as under section 376(3) PPC are reduced from death on two counts to the imprisonment for life on two counts (the former as Ta'zir). The rest of the sentences of the learned trial court qua the payment of compensation amount of Rs.500,000/- to the legal heirs of deceased under section 544-A Cr.PC and payment of fine amounts shall remain intact. All the sentences of imprisonment awarded to the appellant shall run concurrently and the benefit of section 382-B Cr.PC is also extended to him. Since we have reduced the sentences of the appellant from death to the imprisonment for life on two counts, therefore, Murder Reference No.01-A/2022 sent by the trial court to this court is answered in negative
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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.