HILAL KHATTAK vs State Ss — 2023 SCMR 1182 SUPREME-COURT

Case information

Citation: 2023 SCMR 1182 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2023
Reporter: SCMR
Parties: HILAL KHATTAK vs State Ss
Subject matter: Criminal

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

HILAL KHATTAK VS State Ss. 455 & 458---Constitution of Pakistan, Art. 14---Sanctity and privacy of home---Scope---Offences of house-breaking committed after having made preparation for causing hurt or fear of hurt---Categorization as grave offences---It is the sanctity and privacy of home, as guaranteed by Article 14 of the Constitution, that the offences of house-breaking committed after having made preparation for causing hurt or fear of hurt have been categorised by the legislature as grave offences under section 455, P.P.C. (when committed at daytime) and section 458, P.P.C. (when committed at night), punishable with imprisonment upto ten years and fourteen years respectively---House of everyone is to him as his castle and fortress as well as for his defence against injury and violence as for his repose---It would be the worst position of a society if its people do not feel safe and secure even within their houses---Failure to provide protection to its citizens in their houses would amount to the failure of the State---All the organs of the State, including the judiciary, should therefore enforce the laws protecting the privacy of home strictly in letter and spirit.

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