Ali Ahmad vs. State and Ors, PLD 2020 SC 201 (Pakistan)

The appellant killed his sister and her suspected paramour. He was convicted after trial and sentenced to 10 years of rigorous imprisonment. The appellant, on the other hand, said that there was grave and sudden provocation when he saw the two victims in a compromising position. Upon appeal by the complainant, the High Court sentenced him to imprisonment for life. The court said that despite the admission of the accused, the burden is always on the prosecution to prove its case. The court held that culture and social values reflected in the jurisprudence developed so far is that an act of illicit sex with a female family member of the offender is considered sufficient to cause provocation so grave and sudden that it would deprive the offender of the power of self-control. In light of the scope and meaning of grave and sudden provocation discussed under the law, the statement of the appellant, when taken as a whole, establishes grave and sudden provocation. The sentence was thus modified to 15 years of rigorous imprisonment.