TAHIR ALIAS TAHRI vs STATE — 2026 PLD 155 SUPREME-COURT

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TAHIR ALIAS TAHRI VS STATE. S. 302(b)---Criminal Procedure Code (V of 1898), S. 403---Constitution of Pakistan, Art. 13---Qatl-i-amd---Sentence---Question of expectancy of life---Plea of double jeopardy---Scope---Principle of expectancy of life is relevant in the context of section 302(b), P.P.C., when the convict who has been handed down sentence of death has served equal to or more than the term of other prescribed legal punishment i.e. imprisonment for life during pendency of legal remedies provided under the law---Such question also becomes relevant when enhancement of sentence to death has been sought while the convict has already served out the sentence of imprisonment for life and has been or is yet to be released---In the latter case the discretion must be exercised in favour of the principle of life expectancy and, therefore, against enhancement, keeping in view the spirit of Article 13(a) of the Constitution---In case of former eventuality, principle of expectancy of life can be considered as a crucial mitigating or extenuating circumstance for considering modification of sentence from death to imprisonment for life---Such principle by itself and as a sole mitigating factor is not sufficient for a Court to exercise its discretion by commuting sentence of death to imprisonment for life---This is one of the factors to be taken into consideration along with some other or more than one mitigating factors---There is no general rule that serving out one of the legal sentences provided under section 302(b), P.P.C., while pursuing legal remedies by itself entitles a convict to seek alteration of his or her sentence---Principle enshrined in section 403, Cr.P.C., is not attracted nor does the principle of expectancy of life entitle a convict to claim protection of guaranteed right under Article 13(a) of the Constitution for the purposes of seeking modification of the sentence of death to imprisonment for life as of right.

TAHIR ALIAS TAHRI vs STATE — 2026 PLD 155 SUPREME-COURT

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