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Mitigating circumstances - Lawyers of Pakistan

Mitigating circumstances

Citation Name : 2020 PCrLJ 158 PESHAWAR-HIGH-COURT
Side Appellant : ABDUL QAYUM
Side Opponent : State
Ss. 354, 376 & 511---Attempt to commit rape, outraging modesty of a woman---Appreciation of evidence---Sentence, quantum of---Minor inconsistencies in prosecution case---mitigating circumstances ---Record revealed that there were some negligible and minor inconsistencies, which would not be sufficient enough to discard the entire prosecution case, but the same could be considered as mitigating circumstances while deciding the quantum of sentence.


Citation Name : 2020 PCrLJN 8 KARACHI-HIGH-COURT-SINDH
Side Appellant : LIAQUAT ALI KHAN
Side Opponent : State
Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Sentence, reduction in---Accused in furtherance of their common intention, armed with deadly weapon, committed murder of brother of the complainant by inflicting fire arm injuries---Complainant, was not a chance witness as he had gone to city court to meet his brother who was facing trial and had been produced from prison custody that day in order to appear before the court---Complainant saw the accused shooting his brother from a short distance---Incident took place in broad day light and complainant knew the accused who was arrested from the spot and as such the question of misidentification did not arise---First Information Report was recorded forty-five minutes after the incident giving accused a specific role---Enmity existed between the parties as complainant's brother had killed accused's brother---Evidence of complainant was trust worthy, reliable and confidence inspiring, also corroborated by the evidence of his brother/witness who was facing trial for the murder of accused's brother---Brother of Complainant had largely corroborated the evidence of the other eye-witness/complainant---Accused could be convicted on the basis of said evidence provided it was corroborated/supported by some other evidence---Evidence of the police officials/witnesses was generally corroborative of each other and fit into the case of the prosecution---Statements of witnesses were recorded under S. 161, Cr.P.C. on the day of incident, ruling out the possibility of concoction---Both the accused and the other co-accused had good reason to be at the city courts at the time of the incident as they had come to attend the murder trial of their brother---Witness was the accused in that case which was proceeding at the city court that day and as such they knew that said witness would be present who was their main target as it was he who had murdered accused's brother---Co-accused were yet to give evidence against said witness and as such the presence of accused and the other co-accused at the time and place of the incident was natural and was not out of place---Accused had put up a special defense of alibi and as such the onus fell on him to prove his defense which he had woefully failed to do---Police Officers/ witnesses were natural witnesses and their evidence which was corroboratory based on the time, place and manner of occurrence and who had no reason to falsely implicate the accused, could be relied on to convict him in a capital case---Prosecution had proved its case beyond a reasonable doubt in respect of the accused committing the offence so charged---Single shot was fired at the deceased, hot words had been exchanged between the opposing parties prior to the incident, the motive for the murder of the deceased appeared to be indirect and no Forensic Science Laboratory Report was produced by the prosecution at trial which deemed to be mitigating circumstances in the present case---Death sentence awarded to the accused was controverted to imprisonment for life, in circumstances ---Appeal was dismissed with modification in sentence.

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