Law: Criminal Procedure Code (V of 1898)

Section: 439

Law: Juvenile Justice System Ordinance, 2000

Section: 7

Law: Pakistan Penal Code, 1860

Section: 299

Criminal Procedure Code (V of 1898)--- ----S. 439---Penal Code (XLV of 1860), S. 299---Juvenile Justice System Ordinance (XXII of 2000), S. 7---High Court's powers of revision---Scope---New fact---Minor age of accused at the time of occurrence---Determination---Accused had faced the trial where he was convicted and sentenced to death by Trial Court---Conviction and sentence awarded to accused by Trial Court was maintained by High Court as well by the Supreme Court---Accused filed mercy petition, which was referred to the Home Secretary for its adjudication in the spirit of S. 7 of the Juvenile Justice System Ordinance, 2000---Accused also filed petition before the Trial Court for conducting inquiry under S. 7 of the Juvenile Justice System Ordinance, 2000, which was dismissed---Validity---Matter pertained to the year 1993---Juvenile Justice System Ordinance, 2000, was not promulgated at that time---Provision of S. 299, P.P.C., was available to the accused, he should have availed the said remedy at that time---Accused had not taken the plea of his minority in terms of S. 299, P.P.C.---Accused had pleaded said plea while making his statement under S. 342, Cr.P.C. and even at the time of final adjudication of appeal and before the Supreme Court, while assailing the vires of passed by the High Court---Plea of Juvenile was taken by the accused after the lapse of 14 years---Such plea taken as belated stage just to frustrate the proceedings as such carried no legal sanctity---Plea was dismissed in circumstances. Rehmat Ullah alias Raja v. Home Secretary, Punjab, Lahore and others 2004 SCMR 1861; Muhammad Jamil v. The State and 3 others 2004 SCMR 1871; Sarfraz alias Shaffa v. The State and 3 others 2007 SCMR 758 and Ahmed Nawaz v. The State 2009 SCMR 399 rel. THIS ORDER PASSED BY: SAYYED MAZAHAR ALI AKBAR NAQVI, J.--- Through the instant constitutional petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, read with section 439, Cr.P.C. the petitioner has sought indulgence of this Court with the following prayer:- "It is, therefore, prayed that by accepting this writ petition impugned order dated 29.01.2008 may kindly be declared…

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