Act/Law wise: Judgment of Supreme Court of Pakistan
Criminal Law (Amendment) (Offences Relating to Rape) Act, 2016(Pakistan) |
Section/Order/ Article/Rule/ Regulation |
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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
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Farooq Ahmad =VS= The State |
9 LM (SC) 40 |