- It is well settled that if the Shariat Court or the High Court has imposed or upheld a legal sentence this Court does not ordinarily interfere in the quantum of sentence. — Expetency of life itself is not a deciding factor in the matter of punishment but can be given some weight along with other factors. Hassan Muhammad v. The State 1996 SCR 95 (B)
- Believing in the rule that conviction in such matters should be tempered with mercy — Respondent No. 1 is an old man and a lenient view was taken — One month simple imprisonment and a fine of Rs. 5000/- will meet the ends of justice. M. Shafiat Khan v. Bostan Khan 2000 SCR 532 (D)
- Murder case — prosecution wants restoration of normal punishment of ‘Qisas’ as death whereas convict wants punishment of less than life imprisonment awarded by Shariat Court — prosecution proved the case beyond shadow of doubt — Shariat Court awarded punishment of life imprisonment — accused wants lesser punishment whereas complainant wants restoration of punishment of death as ‘Qisas’ awarded by trial Court. The Shariat Court while attending the vital point has dived deep for drawing the conclusion that convict deserved for lesser sentence, for the reason that the motive set up has not been proved, the prosecution evidence has disbelieved to the extent of some accused and convict is behind bar since decade’s period. Both sides could not satisfy the Court that the extenuating circumstances, to mitigate the abnormality of the crime considered by the Shariat Court are not befitting according to the facts of the case or could not be considered under law. Held: life imprisonment is also a legal and normal punishment provided by law. M. Bashir & another v. Sain Khan & 2 others 2014 SCR 821 (C) Ansar Mehmood and another vs. Manazir Hussain and others (Criminal Appeal No.24/2009, decided on 3.12.2013) ref.
- Held: it is not necessary that in all circumstances, if the case of murder against accused is proved, he will be awarded death sentence — rather life imprisonment is also a normal sentence. Muhammad Bashir & another v. Sain Khan & 2 others 2014 SCR 821 (D)
- Rather life imprisonment is also a normal sentence —- Quantum of punishment requires utmost care and should be weighed in golden scale and should be balanced without being unnecessary harsh. Muhammad Bashir & another v. Sain Khan & 2 others 2014 SCR 821 (E)
- —delay in lodging F.I.R.— keeping in view of standard of evidence required for awarding sentence and existence of mitigating circumstances—Held: the same can be counted towards determining the quantum of punishment. Court reduced the sentence from life-imprisonment to already undergone, in circumstances. Nusrat Jan v. The State & another 2020 SCR 630 (H)
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