Law: Pakistan Penal Code (XLV of 1860)

Section: 302

P L D 1995 Karachi 202 Criminal Revision Application No.88 of 1993, decided on 24th January, 1995. Penal Code (XLV of 1860)-- .  -S. 302-  Appreciation of evidence --Age of accused ---Non-agreement of the Doctor an certain points with an author of a book in Medical Jurisprudence would not ipso facto, mean that the report of the Medical Board consisting of four specialists was of no significance-- Edge of the accused as determined by the Medical Board thus was correct and the finding of the Medical Board was to be preferred  over  the  Medical  Certificate  issued  by  the  Police Surgeon.--[Age--Evidencel. [p. 204] A Amjad Ali alias Kaloo v. The State 1985 PCr.LT 428 distinguished. Penal Code (XLV of 1860)--- ----S. 302--- Appreciation of evidence ---Two views in a case---If two views in a case are possible, the view which is more favourable to the accused is to be accepted. [p. 205] B Amjad Ali alias Kaloo v. The State 1985 PCr.L1428 ref. Date of hearing: 11th December, 1994. JUDGMENT Applicant Abdul Rasheed has impugned orders dated 21-6-1993, 9-2-1993 and 19-7-1993, passed by learned Ifnd Additional Sessions Judge, Karachi, West in Sessions Case No-2283 of 1985 State v. Abdul Rasheed, which was registered under section 302, P.P.C.. The facts relevant for decision of this Revision are as follows: It is alleged that on 30-9-1977 the applicant has committed murder of one Ramzani by causing him Chuarri injuries within the jurisdiction of police e Station Pak Colony. He has arrested anti era completion o investigation charge-sheet vas submitted   against him before the Court having 'jurisdiction in the matter. On 8-10-1977 the applicant was referred to Abbasi Shaheed Hospital, Karachi for determination of his age. The Doctor examined him and opined that he was about 16/17 years of age. It appears that thereafter a Medical Board consisting of 4 Doctors namely, Ali Gohar, Taj Muhammad Soomro, Mohsin Ali Sheikh, and Malin Ahmed Khan was constituted for said purpose. He was examined by the Board on 21-5-1979. According to finding of the Board, on the date of examination he was between 19 and 20 years, which…