Citation Name: 2023 PCrLJ 544 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD AZAM vs State Ss — 2023 PCrLJ 544 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 PCrLJ 544 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: PCRLJ
Parties: Citation Name: 2023 PCrLJ 544 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD AZAM vs State Ss
Subject matter: Criminal
Provisions referred to: S. 302; S. 8; Penal Code (XLV of 1860); Juvenile Justice System Act

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

Citation Name: 2023 PCrLJ 544 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD AZAM VS State Ss. 7 & 8---Penal Code (XLV of 1860), S. 302 (b)---Qatl-i-amd---Appreciation of evidence---Juvenile offender---Age, determination of---Accused was convicted by Trial Court for committing Qatl-i-amd and was sentenced to imprisonment for life---Accused contended that he was minor at the time of commission of offence and was not tried under Juvenile Justice System Act, 2018---Validity---Age of accused was recorded 18/19 years in the Card of arrest---Investigating officer failed to conduct any inquiry to determine age of accused on the basis of birth certificate, education certificate or any other document---Trial Court granting custody of accused also failed to discharge its function in the light of S. 8(2) of Juvenile Justice System Act, 2018 when accused at the time of arrest was 18/19 years old, while arrest took place one year before his arrest---Presumption was that accused was under 18 years of age at the time of alleged offence and was a juvenile---Non-observance of mandatory provision of law regarding determination of his age deprived accused of special rights and protection available to him as a child/juvenile---Question of determination of age was vital before putting accused to trial---High Court set aside conviction and sentence awarded to accused without dilating upon merits and remanded the matter to Child Protection Court---High Court directed Child Protection Court to first determine age of accused and if accused was proved to be minor/juvenile at the time of alleged offence, then to conduct fresh trial under the relevant law---Appeal was allowed accordingly.

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