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Published 25 Sep, 2007 12:00am

PESHAWAR : Lenient sentence in honour killing irks Chief Justice

PESHAWAR, Sept 24: Peshawar High Court Chief Justice Justice Tariq Pervez Khan on Monday took a suo motu action against a trial court’s decision to award lenient sentence to three people, including father of a girl, in an honour killing case.

The chief justice issued notices to the offenders, asking them why their sentences should not be enhanced.

Justice Tariq Pervez observed that a man who had killed his daughter did not deserve leniency.

The court also sought explanation from the judge concerned as to why he had awarded a light sentence contrary to the maximum punishment provided in the law.

The chief justice was hearing an appeal filed by the three convicts named Fazal Raheem, his son Abdul Haleem and his nephew Badshah Zada. The appellants had challenged their conviction by the district and sessions judge of the Dir district.

The trial court had convicted them under Section 311 of the Pakistan Penal Code which deals with the principle of ‘Fasad fil Arz’ and sentenced them to five years of rigorous imprisonment.

They had strangulated Ms Rabia, daughter of Fazal Raheem, for marrying someone of her own free will. An FIR was registered against them with the Khal Police Station in Lower Dir. Later, the two parties had reached a compromise and the aggrieved family ‘pardoned’ the three accused. The Section 311 of the PPC mentioned that the offence of killing on the pretext of honour should be treated as Fasad fil Arz. The amendment provided that if the offence was committed in the name or on the pretext of honour, the imprisonment shall not be less than 10 years.

Ameenur Rehman appeared as the State counsel and contended that the only punishment provided for the offence in the said section was 10 years’ imprisonment.

The chief justice observed that under the amended section, the trial court had to award punishment of 10 years’ rigorous imprisonment. He observed that even if the parties concerned reached a compromise on the issue, the trial court had to convict an accused in such offence and award him the maximum sentence provided in the law.

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