Mitigating factor
Mst. Sabeeha v. Ibrar & Others (2012 SCMR 74)
The death penalty should not be awarded where a specific role and a fatal injury cannot be attributed to an accused person during an incident of indiscriminate firing by multiple persons.
Abdul Rehman and 2 others v. The State (2010 SCMR 1758)
The death penalty should not be awarded where the role played by the accused is secondary and minor.
Muhammad Sharif v. The State (PLD 2009 SC 709)
The death penalty should not be awarded where the accused lacked premeditation and provocation was established
Abdul Haque v. State (PLD 1996 SC 1)
Grave and sudden provocation may be a mitigating factor despite it not being available as a plea under the law. In establishing provocation, specific cultural practices/traditions may be considered.
Muhammad Ismail v. The State (2017 SCMR 713)
Where the prosecution fails to prove motive, the death penalty should not be awarded. Confessions obtained without regard to due process are absolutely inadmissible. The Court may consider the particular sociocultural context of the defendant as a relevant mitigating factor.
