Citation Name: 2023 YLR 6 LAHORE-HIGH-COURT-LAHOREBookmark this Case AMIR SALEEM vs State S

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Citation Name: 2023 YLR 6 LAHORE-HIGH-COURT-LAHOREBookmark this Case AMIR SALEEM VS State S. 7(ff)---Explosive Substances Act (VI of 1908), Ss.4 & 5---Terrorism and recovery of explosive substance---Appreciation of evidence---Sentence, quantum of---Retribution, doctrine of---Applicability---First offender---Accused persons were convicted by Trial Court and sentenced variously maximum up to 10 years---Accused sought reduction in their sentences only---Validity---"Let the punishment fit the crime" captures the essence of retribution which is based upon the principle of just deserts, it advocates proportionality of sentence with acclaimed crime, it defines justice in terms of fairness and proportionality---Harshness of punishments should be proportionate to seriousness of crimes---Difficult to match punishments and crimes, since there is no way to objectively calibrate the moral depravity of particular crimes and / or the painfulness of specific punishments---Retribution is a backward looking theory of punishment, which looks to the past to determine what to do in the present time---Accused persons did not maintain any criminal history neither of any other offence nor of the offences of like nature under the charge in question---No evidence was brought on record with respect to their link with any terrorist or proscribed organization or their indulgence in prohibited religious activities---Accused persons were first offenders who deserved to be treated differently---Accused persons had been behind the bars since 20-02-2018 and as per jail report they served out a period of almost four years which was sufficient to meet the cannon of justice---High Court maintained conviction of accused persons and reduced their sentence to one already served---Appeal was dismissed, in circumstances. Citation Name: 2023 YLR 6 LAHORE-HIGH-COURT-LAHOREBookmark this Case AMIR SALEEM VS State Sentence, quantum of---Reduction---Principle---No legislated mitigating factors for reduction in sentence is available in criminal justice system to meet the situations except some judicial precedents of superior Courts, which are usually followed. Citation Name: 2023 YLR 6 LAHORE-HIGH-COURT-LAHOREBookmark this Case AMIR SALEEM VS State Criminal justice---"Conviction" and "sentence"---Distinction---Conviction is guilty verdict whereas sentence is a form of punishment awarded in pursuance to such verdict, either of a fine or imprisonment.

Citation Name: 2023 YLR 6 LAHORE-HIGH-COURT-LAHOREBookmark this Case AMIR SALEEM vs State S — 2023 YLR 6 LAHORE-HIGH-COURT-LAHORE

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