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Muhammad Latif alias Kala vs State S — 2025 PCrLJ 1279 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 PCrLJ 1279 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
PCRLJ
Parties
Muhammad Latif alias Kala vs State S
Subject matter
Criminal
Provisions referred to
S. 497; S. 376; Penal Code (XLV of 1860); Juvenile Justice System Act (XXII of 2018); 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

Muhammad Latif alias Kala VS State S. 497(1)---Penal Code (XLV of 1860), S. 376(3)---Juvenile Justice System Act (XXII of 2018), Ss. 5(1)(b), 7(2) & 23---Unnatural offence---Juvenile offender---Bail, grant of---Further inquiry---Allegation against the accused-petitioner was that he committed an unnatural offence with the minor son of complainant---In the present case, the petitioner was around eleven years old at the time of the alleged occurrence---According to FIR, petitioner was found committing sodomy with the minor son of complainant, while grazing goats in the fields---Investigating Officer had not investigated the circumstances proceeding the incident which were necessary to establish mens rea---Investigating Officer had also not obtained the reports under Ss.5(1)(b) and 7(2) of the Juvenile Justice System Act, 2018, although they were mandatory---Given that the petitioner's age was closer to the lower end of the 10 to 14 age bracket, more convincing evidence was required to establish his maturity level, even at the investigation stage, because younger children were generally presumed to lack the maturity to understand the nature and consequences of their actions thoroughly---If a child was closer to 14 years old, the presumption might lean more towards the likelihood of sufficient maturity, thus requiring comparatively less rigorous evidence to establish that maturity---For all said reasons, further inquiry was needed to determine the petitioner's guilt---Bail was allowed, in circumstances.

Other judgments reported in 2025 PCRLJ

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