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ADEEB TARIQ vs State S — 2022 YLR 801 HIGH-COURT-AZAD-KASHMIR

Case information

Citation
2022 YLR 801 HIGH-COURT-AZAD-KASHMIR
Year
2022
Reporter
YLR
Parties
ADEEB TARIQ vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; S. 15---Q; S. 299; S. 265-D; S. 497; Penal Code (XLV of 1860); Ammunition Act (III of 2016)

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

ADEEB TARIQ VS State S. 497---Penal Code (XLV of 1860), Ss. 302, 299, 452 & 34---Azad Jammu and Kashmir Arms and Ammunition Act (III of 2016), S. 15---Qatl-i-amd, house-trespass after preparation for hurt, assault or wrongful restraint---Unlicensed possession of arms---Bail, refusal of--- Minority of accused---Scope---Accused sought bail after arrest on the ground of minority---Allegation against accused was that he fired a straight shot on the left arm biceps of the victim who succumbed to the injuries---Perusal of documentary evidence revealed that age of accused, at the time of occurrence, was 17 years and 04 days of age and in such an age a male commonly attains puberty---Accused, by physical appearance, had attained puberty and under S. 299, A.P.C., adult was described as a person who had attained, being a male, the age of eighteen years or had attained puberty, whichever was earlier---Between the words "age of eighteen years" and "puberty" the word "or" was used which clearly reflected that out of the two conditions, the condition whichever came earlier, would be considered to declare a person adult---Mere presentation of statement of accused under S. 265-D, Cr.P.C. and documentary evidence was not sufficient to prove the accused as minor---Except the aforesaid documents no other document regarding medical opinion to prove that accused was not an adult or he had not attained puberty---Accused was not entitled to be released on bail under third proviso to S. 497(1), Cr.P.C.---Petition for grant of bail was dismissed, in circumstances.

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