Mst. NASEEM vs FARHAD KHAN Ss — 2021 SCMR 1532 SUPREME-COURT

Case information

Citation: 2021 SCMR 1532 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: Mst. NASEEM vs FARHAD KHAN Ss
Subject matter: Criminal
Provisions referred to: S. 302

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mst. NASEEM VS FARHAD KHAN Ss. 302(b) & 302(c)---Constitution of Pakistan, Art. 185(3)---Qatl-i-amd---Petition for leave to appeal challenging conversion of conviction from S. 302(b) to S. 302(c), P.P.C. and resulting reduction in sentence---Contentions on behalf of prosecution that present case of filicide (accused killing his own son) was an open and shut episode, admitting no space to treat the accused with any degree of leniency; that the accused had acted most callously and in a deliberate and calculated manner, thus, there was no occasion for the High Court to overstretch his culpability into the remit of S. 302(c), P.P.C.; that the deceased in his prime youth was 'Masoom-ud-Dam' and his gruesome murder with five consecutive shots had inflicted trauma on his sisters and mother and, thus, only a proportionate sentence would present them with any solace; that the accused contested the charge without remorse or regret and denied his culpability throughout and as such in the absence of any specific plea, High Court ran into error to let him off with a brief period of incarceration which tantamount to denial of justice both to the deceased as well as the family---Supreme Court granted leave to consider the said contentions of the prosecution.

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