Law:

Section:

(a) Penal Code (XLV of 1860)--- ---Ss. 306 307 & 308---Application and scope of Ss.306, 307 & 308, P.P.C.---Provisions of Ss. 306, 307 and 308, P.P.C. would only attract in the case of qatl-e­amd to Qisas under S. 302(a), P.P.C. and not in the cases in which sentence for qatl­e-amd had been awarded as Tazir under S. 302(b) and S. 302(c), P.P.C. Muhammad Akram v. The State 2003 SCMR 855 ref. (b) Juvenile Justice System Ordinance (XXII of 2000)--- ----S. 7---Penal Code (XLV of 1860), S.302---Age, determination of---Onus on accused to prove minority---Where accused wishes to avoid death on account of being less than 18 years of age, onus would be on him to prove his minority---Such plea must be taken by the accused at the earliest available opportunity and he should not be allowed to throw surprises at the prosecution and at the courts at the fag end of the trial or at the appellate or revisional stages depriving the prosecution of opportunities to rebut such claims in a proper manner. Muhammad Aslam and others v. The State and another PLD 2009 SC 777 ref. (c) Juvenile Justice System Ordinance (XXII of 2000)--- ----S. 7-Penal Code (XLV of 1860), Ss.302 & 308---Criminal Procedure Code (V of 1898), S.417(2-A)---Qatl-e-amd---Appeal against acquittal---Accused had been acquitted under S.302, P.P.C., but had been convicted under S.308, P.P.C. and sentenced to Diyat and 14 years' R.I. as Tazir---Accused respondent being not liable to qatl-e-amd as Qisas under S.302(a), P.P.C., provisions of S.308, P.P.C. were not attracted in the case---Plea of minority had not been taken by accused during the trial and he had only produced a copy of register of birth entries in his defence and relying on the same Trial Court treating hint as minor had convicted him under S.308, P.P.C. vide .impugned ---Plea of minority by accused was a special plea intended to take him off the noose and, thus, onus was on him to prove the same---High Court observed that whenever such a question of age is raised or arises at the trial, courts should not deal with it in a cursory or in a slipshod manner, but must proceed to hold an inquiry into the matter as commanded by the provisions of S.7…

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