| Citation(s) |
|---|
| 2010 SLG 831 2010 SLD 831 2010 PLJ 238 |
Lahore High Court
Crl. Appeal No. 704 of 2002, heard on 02.07.2009.
PERVAIZ INAYAT MALIK, JUSITCE
Mr. Muhammad Naeem Bhatti, Advocate for Appellant. Mian Bashir Ahmad Bhatti, DPG for State.
Crl. Appeal No. 704 of 2002, heard on 02.07.2009.
PERVAIZ INAYAT MALIK, JUSITCE
Mr. Muhammad Naeem Bhatti, Advocate for Appellant. Mian Bashir Ahmad Bhatti, DPG for State.
BILAL ALIAS BILLA
VS
STATE
Law:
Section:
Juvenile-- ----Proposition--Equally applies in civil as well as criminal matters--Similarly placed are to be treated alike--Appellant being juvenile was tried by different Courts, cannot be treated differently. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302--Conviction and sentence recorded against appellant by trial Court--Challenge to--Case of prosecution was full of discrepancies and on the basis of such weak type of evidence, it would not be in the safer administration of justice to convict the appellant for any offence--Prosecution has badly failed to prove the case against the appellant beyond any shadow of doubt--Appeal allowed. THIS JUDGMENT DELIVERED BY: PERVAIZ INAYAT MALIK, JUSITCE---.--- Appellant Bilal alias Bill s/o Ahmad Bakhsh was tried by learned Additional Sessions Judge, Lodhran under the provisions of Juvenile Justice System, 2000 in case FIR No. 642/98 dated 06.09.1998 for offence under Sections 302, 148/149 PPC registered at Police Station Saddar Kehror Pacca District Lodhran who vide judgment dated 26.07.2002 convicted him under Section 302 PPC for committing Qatl-e-Amd Nazir Ahmad constable, deceased, and sentenced him to imprisonment for life as Tazir with direction to him to pay Rs. 50,000/- as compensation under Section 544-A Cr.P.C. to the legal heirs of the deceased Nazir Ahmad and in default thereof he was also ordered to undergo six months S.-I. Benefit, of Section 382-B was also awarded to him. 2. Five remaining accused persons however were tried by the Special Court constituted under the provisions of Anti-Terrorism Act, 1997, in the aforesaid case and out of five accused three were convicted, one was awarded life imprisonment, whereas, Sajid and Riaz co-accused were awarded death penalty while Hashim and Aslam were acquitted. These convicts filed appeal before this Court, through Crl. Appeal No. 23/02 alongwith Murder Reference No. 02/02, which was dismissed by Division Bench of this Court by maintaining the conviction. However, penalty of death was converted into life imprisonment regarding two convicts namely Sajid and Riaz. Likewise appeal filed by state against, acquitted accused was also dismissed. 3 It is inter alia…
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