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2025 PLD 737 SUPREME-COURT

Case information

Citation
2025 PLD 737 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2025
Reporter
PLD
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

VS Ss. 374, 375, 376, 377 & Chapt. XXVII---Death sentence---Confirmation by the High Court---Scope---On a reference for the confirmation of the sentence of death, the High Court is required to proceed in accordance with sections 375 and 376, Cr.P.C. and the provisions of these sections make it clear that the duty of the High Court, in dealing with the reference, is not only to see whether the order passed by the Trial Court is correct, but to examine the case for itself and even direct a further enquiry or the taking of additional evidence if the Court considers it desirable in order to ascertain the guilt or the innocence of the convicted person---When the High Court passes a sentence of death in its original criminal jurisdiction, Chapter XXVII of Cr.P.C. becomes redundant and inoperative---Chapter XXVII of the Cr.P.C does not extend to death sentences passed by the High Court in the exercise of its original criminal jurisdiction---These provisions do not necessitate confirmation of such sentences or lead to the forfeiture of the right of appeal.

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