ZAHIR ABBAS vs STATE Ss — 2026 YLR 978 PESHAWAR-HIGH-COURT

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ZAHIR ABBAS VS STATE Ss. 302(b), 354, 452 & 506---Qatl-i-amd, house-trespass after preparation for hurt, assault or wrongful restraint, assault or criminal force to woman with intent to outrage her modesty, criminal intimidation---Criminal Procedure Code (V of 1898), Ss. 435 & 439---Qatl-i-amd, house-trespass after preparation for hurt, assault or wrongful restraint, assault or criminal force to woman with intent to outrage her modesty, criminal intimidation---Appreciation of evidence---Enhancement of sentence---Brutal and inhumane nature of offence---Accused was charged for committing murder of the sister of complainant by firing---In order to do justice with the little soul of the deceased, this court deemed it imperative to reevaluate the sentencing of the appellant---In criminal justice in general and in the given circumstances of case in particular, this Court could not afford to be carried away in either direction---Said balance between rights of the individual and the community was a tight rope walk---Trial Court decided to award the lesser sentence, but it apparently failed to fully appreciate the manner the deceased was done to death---Circumstances of the present case left little for the absence or weakness of motive---Accused acted brutally and acted inhumanely---What justification was available to the convict to kill, that too, by trespassing into the house---Spot was proved, the witnesses were consistent and the matter was promptly reported---Convict deserved the major penalty of death, as that would be the appropriate punishment and would commensurate with the gravity of the offence and would reciprocate what the appellant did---Criminal revision petition was allowed to the extent of conviction under S.302(b) P.P.C, by enhancing the sentence from life imprisonment to death, in circumstances.

ZAHIR ABBAS vs STATE Ss — 2026 YLR 978 PESHAWAR-HIGH-COURT

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