Law: Pakistan Penal Code, 1860

Section: 302,377

Law: Constitution of Pakistan, 1973

Section: 10-A

Law: Juvenile Justice System Ordinance, 2000

Section: 7

(a) Penal Code (XLV of 1860)--- ----Ss. 302 & 377---Juvenile Justice System Ordinance (XXII of 2000), S.7---Constitution of Pakistan, Art.10-A---Qatl-i-amd, unnatural offence---Determination of age of accused person claiming himself to be minor---Fair trial---Accused was charged that he had killed the brother of complainant by pressing his neck as well as hitting his head with something apart from subjecting him to sodomy---Accused, in the present case, had taken the plea of his age with the contention that he was hardly seventeen years of age at the time of alleged offence---Trial Court had not complied the provision of S.7 of the Juvenile Justice System Ordinance, 2000---Record showed that accused was unable to engage a counsel due to his poor financial condition and none of the advocates was ready to defend the accused---When the accused was unable to engage a counsel then in such a situation, heavy duty laid on the Trial Court to adjudge the matter with care and caution---In the present case, accused was unrepresented and was defended by consel engaged by the court through a NGO---Award of death sentence to the accused, in circumstances, was not proper justice and court was required to take utmost care---Circumstnces established that right of fair trial could not be given to the accused---Appel was allowed by setting aside the passed by their Trial Court and case was remanded with the direction to first engage a counsel for the accused under High Court Rules and Orders, and thereafter conduct inquiry to determine the age of accused and then decide the matter afresh. Muhammad Hussain v. State (Govt. of NCT),Delhi 2012 SCMR 1610 rel. (b) Juvenile Justice System Ordinance (XXII of 2000)--- ----S. 7---Detemination of age of accused---Scope---Whenever a question arose as to whether the accused was a juvenile offender, the court was required to hold an inquiry into the matter---Not only to take into consideration the opinion of Medical Board, but was supposed to make effors to clarify the anomaly of age by summoning the NADRA officials and school record, if any, to ascertain whether the accused was above eighteen years or otherwise at the relevant time.…

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