LAHORE: The Lahore High Court has ruled that past record is not necessary to declare anyone as “hardened” and “dangerous” criminal but the harm caused in a particular occurrence is the criteria in this regard.

Justice Amjad Rafiq rules this dismissing an appeal for suspension of sentence by a man convicted of killing a woman for refusing his marriage proposal.

A trial court of Sahiwal had awarded life sentence to petitioner Muhammad Asif in 2019.

A counsel for the petitioner argued that more than two years and five months lapsed but appeal of the petitioner against the sentence could not be decided, therefore, the petitioner was entitled for the relief on statutory ground of delay in decision of his appeal.

A prosecutor opposed the contention on the ground that the petitioner by his act was a desperate and hardened criminal and was not entitled to the relief.

In his verdict, the judge notes that the record shows the convict/petitioner with a plan entered the house of the complainant and allegedly made four fire shots with a pistol which hit on the forehead of the daughter of the complainant, because she refused to marry him.

The judge further notes that the doctors observed the effect of injuries as brain matter was coming out and fractures of underlying bone, frontal bone, parietal bone, occipital bone as well as of maxilla.

Deciding the question whether for declaring an accused as desperate, hardened or dangerous criminal his past record is essential, Justice Rafiq observes that the act of the perpetrator is assessed from the facts of each case, depending upon intention, preparation, malice, grudge and the enmity.

The judge says earlier judicial comments and practice suggests that four factors affect judicial construction of seriousness as well as the factors of harm done, which are wickedness, social disapproval, social danger and social alarm.

The judge observes that the harm is the criteria to label one as a hardened, desperate or dangerous criminal.

“Act in one situation or against a person may not be regarded as much harmful as compared to others. Offence against a vulnerable class is more serious particularly when one is reckless or knows the effects of his act,” the judge adds.

Dismissing the appeal, the judge observes the act of the petitioner for causing four firearm injuries that too on the face and head simply on refusal of victim to marry with him, by all means, labels him a desperate, hardened and dangerous criminal.

“Thus, he is not entitled to the relief prayed for, therefore, the petition in hand, having no force or merit, is dismissed,” the verdict concludes.

Published in Dawn, March 6th, 2022