Syariah Penal Code · s 135

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s 135Acquittal or punishment after pardon or compound of qisas

The Court may, in the case of pardon or compound of qisas as provided in sections 133 and 134, as the case may be, in its discretion, having regard to the facts and circumstances of the case, acquits the offender against whom qisas has been pardoned or compound, or punishes him with imprisonment for a term not exceeding 15 years.

Illustration

A has caused B’s death and has been convicted with the offence of qatlul-’amd and punished with qisas. B’s wali-ad-dam or wali has pardoned A. Eventhough qisas punishment is not executed on A, the Court has a discretion to punish A with imprisonment for a term not exceeding 5 years having regards to the circumstances of the case where A has committed cruelty against B before killing him.