Old age may be a valid ground for expediting an appeal and may be a mitigating factor except where the facts and circumstances show the accused’s determination and callousness.
The Trial Court convicted the accused under Sections 302 and 324 of the PPC for the murder and attempted murder of his own nephews and sentenced him to death. The accused filed an appeal before the Lahore High Court which was dismissed and the conviction was upheld.
During trial, the prosecution’s case was based on the fact that the accused was seen armed with a pistol and fired two shots directed at the first victim which hit on his chest and back. The accused fired another shot at the second victim causing injury on his right arm. The accused then fled away from the place of occurrence.
The petitioner filed a Leave to Appeal before the Supreme Court on the contention that being seventy years of age at the time of the incident, he was a weak and infirm person and was not able to actively participate in the commission of the offence. The Supreme Court granted the leave to appeal on the grounds that the age of the Petitioner can be an extenuating circumstance for reduction of sentence.1
However, upon adjudication the Supreme Court held that there was no reason to doubt the prosecution’s case as the occurrence took place in day light and the victim of the attempted murder, being nephew of the accused could not be expected to have substituted the accused for the real culprit. Moreover, the presence of the appellant at the place of occurrence with a loaded pistol with which he fired three successive shots at his nephews on a day of religious festivities was evidence of his determination and callousness. The Court also held that there was no reason to allow benefit of lesser penalty of life imprisonment on the grounds of age in this case because of the demonstrated ‘determination and callousness’. The Supreme Court dismissed the appeal and upheld the conviction.2
1 Para 7, Muhammad Sadiq v The State (2011 SCMR 888)
2 Para 10, Muhammad Sadiq v The State (2011 SCMR 888)
