Citation Name: 2024 PCrLJ 772 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUNIR AHMED vs State Ss — 2024 PCrLJ 772 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2024 PCrLJ 772 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2024
Reporter: PCRLJ
Parties: Citation Name: 2024 PCrLJ 772 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUNIR AHMED vs State Ss
Subject matter: Criminal
Provisions referred to: S. 7---J; S. 8---Q

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: 2024 PCrLJ 772 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUNIR AHMED VS State Ss. 302(b), 365 & 377---anti-Terrorism act (XXVII of 1997), S. 7---Juvenile Justice System act (XXII of 2018), S.8---Qatl-i-amd, abduction for ransom, sodomy and terrorism---appreciation of evidence---age, determination of---Principle---accused was convicted for the offences charged and was sentenced to death---Plea raised by accused was that he was juvenile at the time of commission of offense---Plea raised by accused was that Trial Court appointed defence counsel at State expense who did not cross-examine prosecution witnesses and no inquiry regarding age of accused was conducted before trial---Validity---When controversy regarding age of person cannot be settled through documentary evidence and medical due to different opinions, preference is always given to medical opinion---High Court set aside conviction and sentence awarded to accused and remanded the matter to Trial Court to give opportunity to accused to engage a counsel of his choice and in case accused was unable to engage any counsel then Trial Court would appoint any senior counsel at State expenses---High Court directed to re-summon prosecution witnesses and the counsel so appointed be given a fair chance to cross-examine them---High Court directed Trial Court to hold inquiry under section 8 of Juvenile Justice System act, 2018, and if it was established that accused at the time of occurrence was a juvenile, then trial of accused would be conducted under Juvenile Justice System act, 2018---appeal was allowed accordingly.

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