Law:

Section:

Penal Code (XLV of 1860)-------Ss. 302/306 & 331---Juvenile Justice System Ordinance (XXII of 20001. S.11---Payment of Diyat amount by the State on behalf of destitute minor accused---Accused was a minor at the time of occurrence who had undergone the entire sentence of his imprisotunent, but he was confined in Borstal Jail for the last eight months as he was unable to pay the Diyat amount of MRs.2,52,000 to the legal heirs of the deceased---Father of accused was a poor old man and as per report of the Sessions Judge they were not in a position to pay the 1)iyat amount---Accused under the current state of unemployment even if would get a menial job, would not be able to save the Diyat amount for the years to come---Provision for payment of Diyat, in the circumstances, entailed uncertainty both for the intended, beneficiary and for the accused particularly when he was a minor---Law under the new dispensation had provided for a different mode of trial, sentencing and releasing the minors on probation---Juvenile Justice System Ordinance, 2000, was benign and favourable to the accused---Appeal being a continuation of the trial, the said law lad to be given retrospective effect---Accused was, consequently, directed to be released on probation subject to his furnishing bond of good behaviour before the District and Sessions Judge concerned---Home Secretary, Government of Punjab, was also directed to ensure that the Diyat amount was deposited in the Trial Court by the State for payment to the legal heirs of the deceased from "Baitul Maal" or from any other fund within three months of the receipt of the order, failing which Trial Court was directed to take necessary steps for the recovery of the amount of Diyat by attachinent/sale of movable or immovable property of the State in accordance with law. Muhammad Zafar v. The State 2001 YLR 533 eel. JUDGMENT This order shall dispose of Criminal Appeal No.340 of 1999 and Criminal Miscellaneous No. l of 2002. 2. Appellapt Allah Ditta son of Bashir was tried for the murder of Muhammad Zafar deceased and while convicting him under section 302, P.P.C. read with section 306, P.P.C. the learned trial Court sentenced him for a…

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