The guidance in this respect can be sought
from the case of Amjad Shah v. The State (PLD 2017 Supreme
Court 152) wherein the Hon’ble Supreme Court of Pakistan gave
the following observation:-
“Notwithstanding that that participation of the appellant in the
commission of offence is duly established, his intention, guilty
mind or motive to commit the same remains shrouded in
mystery and is therefore unproven. In such like cases where the
motive is not proved or is not alleged by the prosecution, the
Court for the sake of safe administration of justice, adopts
caution and treats the lack of motive as a mitigating
circumstance for reducing the quantum of sentence awarded to a
convict.”
Used in Judgment of
Lahore High court
Criminal Appeal
365-13
0 Comments