Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 34,299(a),302,306,308

Law: Juvenile Justice System Ordinance, 2000

Section: 10(7),10(7)(a)(b)

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Juvenile Justice System Ordinance (XXII of 2000), S.10(7)---Penal Code (XLV of 1860), S.302/34---Qatl-e-amd---Bail, grant of---Accused according to their medical certificates and school certificates undoubtedly were juvenile around 15 years of age---Objective of every law in a civilized society is welfare of the society and Juvenile Justice System Ordinance, 2000, is no exception to that---Section 10(7) of the Juvenile Justice System Ordinance, 2000, therefore, could not be read as to have negated the provision contained in the first proviso to S.497, Cr.P.C., rather both compliment each other and cater to two different situations---Prosecution version was that the three accused were present in the canal with the deceased and they were seen lying on him---Whether said lying upon was an impish playfulness or a deliberate act of murder was not clear from anything stated in the F.I.R.---Accused were young boys and were students and they could be finally punished by the court if proved guilty of the crime, but if they were found innocent then valuable education loss to them could not be recouped or recompensed---Accused were admitted to bail, in circumstances. Usman Ali v. The State 1996 PCr.LJ 166; Asghar Ali v. The State 2002 MLD 1566; Mst. Zafrana v. The State 1997 PCr.LJ 163; Afsar Zamin v. The State PLD 2002 Kar. 18; Afsar Zamin v. The State PLD 2002 Kar. 18; Siraj Din v. Safhir-ud-Din alias Goga and another 1970 SCMR 30; Altaf Hussain v. Abdul Muttal and another 1975 SCMR 139 and Muhammad Anwar v. The State 1983 SCMR 1001 ref. (b) Juvenile Justice System Ordinance (XXII of 2000)--- ----Preamble---Object---Juvenile Justice System Ordinance, 2000, is aimed at extending protection to the children involved in criminal litigation and their rehabilitation in society---Ordinance, in a way, safeguards the human rights of a section of society who deserve concession because of their tender age---Juvenile Justice System Ordinance, 2000, therefore, is to be construed liberally in order to achieve the said object. Afsar Zamin v. The State PLD 2002 Kar. 18 ref. THIS ORDER PASSED BY: SHAHID ANWAR BAJWA, J.--- F.I.R.…

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