State vs NIKSON MALIK Ss — 2026 PLD 211 KARACHI-HIGH-COURT-SINDH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

State VS NIKSON MALIK Ss. 376 & 511---attempt to commit rape---Sentence , awarding of---Punishment, quantum of---Scope---Phrases "not less than" and "may extend up-to"---Meaning and scope---Record revealed that after a full-fledged trial, the respondent had been found guilty of the charge under S.376 read with S.511, P.P.C. for attempting rape on minor victim---The term of imprisonment provided under S.376, P.P.C. is not to be less than 10 years or more than 25 years in case rape is committed---Since no punishment has been provided for the attempt of rape under S.376, P.P.C., the prosecution added S.511, P.P.C., which is a general section dealing with attempts to commit offences which are not made punishable by specific section of the P.P.C. and it provides punishment for attempting to commit offences punishable with imprisonment for life or for a shorter term where no express provision is made by P.P.C. for the punishment of such attempt, be punished with imprisonment of any description provided for the offence for a term which "may extend to" one-half of the longest term of imprisonment provided for that offence---The phrase "may extend to" indicates that the court has the discretion to impose a sentence up to that maximum, but not necessarily that maximum---It may be observed that the punishment for any offence committed by a person is awarded for retribution, deterrence and in order to strengthen the society by reforming the guilty---The law itself has categorized the offences---There are certain offences, which carry punishment with phrase "not less than" while there are also offences, which carry punishment with phrase "may extend up-to"---Such difference itself is indicative that the Courts have to appreciate certain circumstances before awarding quantum of punishment in latter case which appear to be dealing with those offences; the guilty thereof may be given an opportunity of reformation by awarding less punishment---In the instant case, the Trial Court while observing in its judgment that there was no previous record of the respondent for committing such like offence, had shown leniency in awarding him sentence---age of the respondent at the time of committing the alleged offence was recorded by the doctor, as 17 years; hence, he had been given by the Trial Court an opportunity for reformation by awarding him less punishment---Therefore, there was no illegality by the Trial Court in exercising its discretion in awarding sentence to the respondent---Criminal revision, filed by prosecution, being merit-less was dismissed.

State vs NIKSON MALIK Ss — 2026 PLD 211 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2026 PLD