FAROOQ vs State S — 2022 MLD 915 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 MLD 915 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: MLD
Parties: FAROOQ vs State S
Subject matter: Criminal
Provisions referred to: S. 302; S. 16---Q; S. 16

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

FAROOQ VS State S.302(b)---Juvenile Justice System act (XXII of 2018), S.16---Qatl-i-amd---appreciation of evidence---Juvenile offender---Quantum of sentence---Prompt FIR---Effect---accused was a juvenile offender at the time of commission of offence, who was convicted and sentenced for committing Qatl-i-amd of a young boy---Trial Court convicted the accused and sentenced him to imprisonment for life---Validity---accused was charged by complainant in a promptly lodged report within forty-five minutes, which ruled out possibility of deliberations or consultations as occurrence took place at 1100 hours while report was lodged by him at 1145 hours---Complainant appeared as prosecution witness and gave details of occurrence by supporting contents of FIR---Prosecution succeeded in establishing guilt of accused---High Court declined to interfere in conviction and sentence passed against accused, as the same was based on correct appreciation of evidence on record and there was nothing to indicate that it was either based on any error of law or the same was different to well-established principles of judicial approach or the same could in any manner be characterized as unjustified---Quantum of sentence under S.16 of Juvenile Justice System act, 2018, when accused was juvenile at the time of commission of offence, death sentence could not be awarded---appeal was dismissed, in circumstances. Head Notes

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