AJK Offences Against Property (Enforcement of Hudood) Act, 1985

S. 17(4) — Penal Code (XLV of 1860), Ss. 341 & 392 — West Pakistan Arms Ordinance (XX of 1965), S.13 — Criminal Procedure Code (V of 1898), S. 345 — Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), S. 42 — Haraabah, wrongful restraint, robbery, possessing unlicensed arms — Compromise — Appreciation of evidence — Trial Court awarded death sentence to the accused under S.17(4) of Azad Jammu and Kashmir Offences Against Property (Enforcement of Hudood) Act, 1985, one month’s imprisonment under S. 341, P.P.C. and two years’ imprisonment under S.13 of West Pakistan Arms Ordinance, 1965 — Shariat Court, in appeal, converted the death sentence into sentence of 10 years’ R.1. under S. 392, P.P.C. — Supreme Court on appeal set aside judgment of the Shariat Court and restored the punishment awarded by the Trial Court — Complainant party including the heirs of the deceased, who had filed appeal before the Supreme Court entered into compromise with the accused and stated that they having compromised had no objection, if accused was acquitted from the charge; that they were no more interested in prosecution of the cases; and that their appeal before the Supreme Court, could be treated as withdrawn — Shariat Court had awarded 10 years’ imprisonment against which appeal was filed by the legal heirs of the deceased who had withdrawn from the prosecution of appeal — Judgment of the Shariat Court, in circumstances, stood restored — Accused who was under detention; after deduction of the remission of sentence, had already served out punishment awarded to him by the Shariat Court — Accused was directed to be released, in circumstances. Muhammad Mushtaq alias Makha v. Abdul Rehman and 2 others 2012 SCR 279
—section 17(4)—convict guilty of murder during course of ‘harrabah’—-death is punishment of offence as ‘hadd’— if standard required for awarding punishment of death as ‘hadd’—not available—then convict may be sentenced under section 396 APC— punishment as ‘tazir’— for which punishment is not less than four years— it may be stated here that although, under section 17 (4) of the Act, 1985, the convict guilty of harrabah in course of which he commits murder shall be punished with death imposed as ‘hadd’, however, if the standard required for awarding death sentence as ‘hadd’ is not available, the court can award the sentence of imprisonment not less than four years as ‘tazir’ under section 396, APC. In the case in hand, the convicts were awarded the sentence by the Court liable to “tazir’. Section 20 of Act 1985, deals with the punishment of ‘harrabah’ liable to ’tazir’ and in the said statutory provision, it has been made abundantly clear that in case of commission of ‘harrabah’ not liable to the punishment provided under section 17 of the Act 1985, or for which proof in either of forms mentioned in section 7 of Act 1985 is not available, of for which punishment of amputation or death may not be imposed shall be awarded the punishment provided in the Penal code for such an offence. Sairan Bibi & others v. Muhammad Javed & others 2017 SCR 1334 (A)
Ss. 17(4) & 15 — Harraba — Where one or more persons use the force in order to commit robbery then it shall be said that the person has committed the offence of Harraba — The sentence under S. 17(4) for such an offence is death — Held: The offence under S.17(4) was committed by the respondent. Abdul Rehman & another v. Muhammad Mushtaq & another 2007 SCR 100 (D)