The Pakistan Penal Code (PPC), 1860
Section 376(1)
Criminal Law (Amendment) (Offences Relating to Rape) Act, 2016
The petitioner’s conviction under section 376(1) of PPC is maintained, consequently, the petitioner’s petition for leave to appeal to such extent is dismissed. However, as regards the petitioner’s sentence for the alternate punishment prescribed under section 376(1) PPC when the crime was committed the law prescribed that such sentence, ‘shall not be less than ten years or more than twenty-five years’, but the learned Judges of the High Court had sentenced him to imprisonment for life, which alternate punishment was subsequently enhanced pursuant to the Criminal Law (Amendment) (Offences Relating to Rape) Act, 2016. If the correct law was applied the learned Judges of the High Court may have been persuaded to pass a lesser sentence. Accordingly, leave to appeal is granted to determine the appropriate sentence to be imposed upon the petitioner under section 376(1) PPC, before the section was amended. ...Farooq Ahmad =VS= The State, (Criminal), 2020 [9 LM (SC) 40] ....View Full Judgment