Law: Sindh Children Act (XII of 1955)

Section: 5, 68

Sind Children Act (XIV of 1955) S. 5 read with S. 68-Juvenile offender-Sentence, legality of-- Accused under 16 years of age when proceedings, on charge of murder, initiated against him-Accused, held, a "child" in terms of S. 5 of Sind Children Act and sentence of imprisonment for life awarded to such accused illegal-Case, however, referred to Provincial Government for taking appropriate action under S. 68 (2) of Act.-[Sentence-Juvenile offender]. Date of hearing : 7th April, 1980.                                                                                                                                        JUDGMENT GHAUS ALI SHAH J.---This appeal under section 410, Cr. P. C. is directed against the judgment dated 1stJuly, 1976, of the learned I. Additional Sessions Judge, Larkana, whereby he convicted the appellant under section 302, P. P. C. and sentenced him to suffer imprisonment for life. 2. The facts of the case are that one Attaullah s/o Suleman, caste Kalhoro, resident of Duro Sanari, Taluka Larkana, of District Larkana, lodged a F. I. R. on 8th March, 1975, at 1-45 p. m. at Police Station Town, which reads as under:- I had got married my daughter Mst. Najabat Khatoon with Mohd. Ali son of Bachal, caste Kalhoro, resident of Gajan Pur, Larkana about 7/8 years back, whenever, I used to come to Larkana for my work, I used to visit my daughter Mst. Najabat Khatoon. About a week back, I had come to visit my daughter Mst. Najabat Khatoon. My daughter had informed me that Bachal alias Jabbar son of Rasool Bux is keeping evil-eye on her, and he cuts indecent jokes with her. I directed Bachal to refrain from such act, as Mst. Najabat was his aunt and it was matter of relationship. Thereafter I went to my village. Today in the morning, I accompanied by my nephew Nasrullah son of Abdul Karim came to Larkana for…