Case Details

Citation(s)
2012 SLG 1411 2012 SLD 1411 2012 SCMR 242
Supreme Court of Pakistan
Criminal Review Petition No.20 of 2010 in Jail Petition No.21 of 2009, decision dated: 29-09-2011 (To review the judgment of this Court dated 12-11-2009 passed in Jail Petition No.21 of 2009)
TASSADUQ HUSSAIN, JILLANI, MAHMOOD AKHTAR SHAHID SIDDIQUI AND ASIF SAEED KHAN KHOSA, JJ

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ALI HASAN @ JAMSHAID

VS

THE STATE

Law:

Section:

(a) Age-------Determination of---National Database and Registration Authority (NADRA)---Scope---Entry made in record of NADRA may not be a conclusive proof of age. (b) Penal Code (XLV of 1860)--- ----S.302---Constitution of Pakistan, Art. 188---Supreme Court Rules, 1980, O. XXVI, R.1---Qatl-e-amd---Review of Supreme Court ---Age of accused---Determination---Conviction and sentence awarded to accused by Trial Court was maintained by High Court and leave to appeal was refused by Supreme Court---Plea raised by accused was that at the time of occurrence, he was below the age of eighteen years and the same was not properly determined by the courts below---Validity---Both the courts i.e. Trial Court and High Court examined the record of Registration of birth in NADRA to be 23 years---Even in voters' list, accused was of the same age at the time of occurrence and birth entry record of union council was found to be dubious---Review jurisdiction had a limited scope but as it was an issue of life and death, therefore, Supreme Court delved deeper into it, although question with regard to determination of age was primarily a question of fact to be decided by Trial Court---Supreme Court did not find any error apparent in the face of record to warrant review---Review petition was dismissed. Muhammad Aslam v The State PLD 2009 SC 777 at 779 rel Sultan Ahmad v. Additional Sessions Judge PLD 2004 SC 758; Muhammad Aslam v The State PLD 2009 SC 777; Atif Zaman v The State 2003 SC 758; Sh. Mehdi Hassan v. Province of Punjab 2007 SCMR 755; Babloo Pasi v. State of Jharkhand AIR 2009 SC 314, para 11; Bhola Bhagat v. State of Bihar AIR 1998 SC 238; Abdul Ghaffar-Abdul Rehman and others v. Asghar Ali and others PLD 1998 SC 363 at 386; Shah Muhammad v. Ramzan Bibi 1998 SCMR 2415; Zulfiqar Ali Bhutto v. The State PLD 1979 SC 741 at 768 and Rupa Ashok Hurra v. Ashok Hurra AIR 2001 SC 1771 ref. Muhammad Akram Sheikh, Senior Advocate Supreme Court assisted by Barrister Natalia Kamal and Syed Riaz Hussain for Petitioner. Kh. Muhammad Sharif, Advocate Supreme Court and Aftab Ahmed Khan, Advocate Supreme Court for the Complainant. Asjad Javaid Ghural, Additional P.-G and Ahmad Raza Gillani,…
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