IHC overturns murder conviction

Questions 25-year sentence, sends case for retrial

ISLAMABAD:

The Islamabad High Court (IHC) on Thursday quashed the 25-year prison sentence of a convicted murderer for not giving him the death penalty and referred the case back to the trial court.

The court termed the trial court's decision as unjustified and raised serious questions that the entire trial court's decision has failed to explain the 25-year sentence. The judge declared that the trial court should decide the case again based on the reasons within 45 days.

Justice Mohsin Akhtar Kiyani quashed the 25-year prison sentence awarded to Shahzad alias Shani by the trial court and directed the trial court to write the reasons for the decision why the death penalty was not given to the accused of willful murder.

The judge wrote: "The punishment for murder is death in general circumstances while in special circumstances, the death sentence can be reduced to life imprisonment. The trial court ignored the most important element of the death penalty for willful murder in this case. The trial court must provide reasons for not awarding the death penalty."

"It is also important to note that the death penalty should not be reduced on weak grounds. The sentence is set aside and the case is remanded for fresh trial. The trial court should allow both parties to be heard and give a reasoned decision within 45 days."

The court remarked that the trial court sentenced the accused to 25 years of rigorous imprisonment under section 302 of the Pakistan Penal Code (PPC). Punishment under section 302 could be given only in cases where the punishment of qisas could not be awarded.

The trial court awarded the accused 25 years of imprisonment merely by giving the benefit of the discrepancy in the time of murder but could not justify it.

The question arises whether the trial court could have considered the matter under section 302. The trial court ignored the basic legal framework and concluded without justification, the IHC judge further remarked.

According to the plaintiff, the accused Shahzad followed Sonia for five months and then sent a marriage proposal. When she refused to marry him, Shahzad threatened to kill Sonia and her father. Later, Sonia was shot in the head and killed on November 30, 2020. The Additional Sessions Judge East sentenced Shahzad on September 30, 2023.