NASIR FAROOQ vs SHAHBAN AZIZ Ss — 2026 PLD 17 HIGH-COURT-AZAD-KASHMIR

Case information

Citation: 2026 PLD 17 HIGH-COURT-AZAD-KASHMIR
Year: 2026
Reporter: PLD
Parties: NASIR FAROOQ vs SHAHBAN AZIZ Ss
Subject matter: Criminal
Provisions referred to: S. 324; S. 439; S. 423; Criminal Procedure Code (V of 1898); Azad Penal Code

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

NASIR FAROOQ VS SHAHBAN AZIZ Ss. 324, 337-F(iii), 337-F(iv) & 337-F(vi)---Criminal Procedure Code (V of 1898), Ss. 423(b) & 439(1)---Attempt to commit qatl-i-amd, ghayr-jaifah-mutalahimah, ghayr-jaifah-mudihah, munaqqilah---Appeal for enhancement in sentence---Maintainability---Accused-respondents had been sentenced under S.324 Azad Penal Code by awarding 10-years rigorous imprisonment and fine under Ss.337-F(iii), 337-F(iv) and 337-F(vi)---Sentence awarded by the trial Court in offence under S.324 Azad Penal Code had been reduced and sentence awarded by the Trial Court in offences under Ss.337-F(iii), 337-F(iv) and 337-F(vi) Azad Penal Code had been set-aside---Complainant preferred the instant appeal for enhancement of the sentence---Validity---Sentence recorded by the Court of original jurisdiction could only be enhanced in a revision petition filed under S.439(1), Cr.P.C.---Powers exercised by High Court in appeals and revisions were similar except that in appeal sentence could not be enhanced and in a revision acquittal could not be converted into conviction---Appeal for enhancement of sentence recorded by Court of original jurisdiction was barred by S.423, Cr.P.C and an aggrieved person or State might approach the Appellate Court for enhancement of the sentence through a revision petition under S.439, Cr.P.C---Instant appeal was dropped as being not sustainable.

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