Abdul Sattar vs State Ss — 2026 PCrLJ 849 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2026 PCrLJ 849 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2026
Reporter: PCRLJ
Parties: Abdul Sattar vs State Ss
Subject matter: Criminal
Provisions referred to: S. 337-N

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

Abdul Sattar VS State Ss. 337-F(iii) & 337-F(iv)---Causing ghayr-jaifah-mutalahimah, ghayr-jaifah-mudihah---Appreciation of evidence---Sentence, quantum of---Scope---Accused was charged for causing injuries to the brother of complainant---While daman had correctly been awarded by the Trial Court, the addition of Ta'zir imprisonment under Ss.337-F(iii) & 337-F(iv) was unsustainable for want of the mandatory findings required by S.337-N(2), P.P.C.---Ta'zir imprisonment in addition to arsh/daman may be imposed only in exceptional situations, e.g., where the offender is previous convict, habitual or hardened, desperate or dangerous criminal or the offence has been committed by him in the name or on the pretext of honour---Impugned judgment recorded no such findings upon the same---There was nothing on the record of the case to establish that the appellant had any credentials or antecedents of being "a previous convict, hardened or habitual, desperate or dangerous criminal"; rather, the episode stemmed from a sudden quarrel arising out of children fighting---Thus, the present case did not fall within the exceptional category warranting Ta'zir imprisonment and the appellant was liable only to payment of Daman---Sentence of imprisonment was set-aside whereas the award of daman amount was affirmed---Appeal was partly allowed, in circumstances.

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