In the case of an elderly and infirm prisoner, the accused’s age and health may be considered as mitigating factors, however old age in and of itself is unlikely to be a singular ground for commutation.
The appellant was sentenced to death and fine upon conviction under PPC section 302(b) for two murders. Lahore High Court dismissed the appeal. However, leave to appeal to the Supreme Court was granted to consider whether the old age of the appellant could be considered as a mitigating circumstance for the commutation of his death sentence.
The Supreme Court dismissed the appeal because the appellant was around 60 years old at the time of commission of the offence and there was no record of infirmity or serious sickness of the appellant, which could be taken along with his age as a mitigating circumstance to commute his death sentence. The Supreme Court distinguished the case of Muhammad Ibrahim v. The State (1979 PCr.LJ 275), where the convict was suffering from tuberculosis, was sick and infirm person, and the case of Muhammad Aslam Shah v. The State (1993 PCr.LJ 704), where the convict was of advanced age at the time of commission of offence. The court followed the cases of Muhammad Sher alias Malang v. The State (PLD 2001 SC 90) and Amir Gul v. The State (1981 SCMR 182) where the court held that age alone cannot be considered as a mitigating circumstance for the reduction of the sentence.
