Law: Penal Code (XLV of 1860)

Section: 302(b),

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Juvenile Justice System Ordinance (XXII of 2000), S.7---Qatl-i-amd---Age of accused, determination of--- Accused was charged for committing murder of brother of the complainant---Trial Court sent a letter to the Medical Board for determination of age of the accused---Subsequently, on direction of the Trial Court, Medical Board, after examining the accused, issued a certificate, according to which his age was about 17 years---Validity---Once it was brought to the knowledge of the Trial Court that the accused was a child under S. 2(b) of the Juvenile Justice System Act, 2018, his trial was to proceed under S. 4 thereof rather than under ordinary law---Conviction and sentences of the accused tantamounted to throwing him in prison with adults in violation of S.16 of Juvenile Justice System Act, 2018---Section 16 of the Act provided that the accused being juvenile could not be awarded death; similarly accused could not be ordered to labour etc. in view of the clear bar contained under the law, which was applicable to the facts and circumstances of the present case---Trial Court had wrongly awarded death punishment to the accused---Appeal was allowed and accused was acquitted by setting aside conviction and sentence awarded by the Trial Court, in circumstances. (b) Criminal trial--- ----Circumstantial evidence---Scope---If the case was based on circumstantial evidence, the prosecution was to ensure that the circumstances from which the inference of guilt was drawn, had been firmly established---Circumstances must have unerringly pointed towards the guilt of the accused and when taken cumulatively, same should form a chain so complete, that it must demonstrate in all probabilities that the crime was committed by the accused. Sheikh Muhammad Amjad v. State PLD 2003 SC 704 rel. (c) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Last seen evidence---Scope---Accused was charged for committing murder of brother of the complainant---Last seen evidence had been furnished by one witness---Said witness had stated that on the day of incident he was present with deceased in his…

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