Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Sindh Children Act (XII of 1955)--S. 68 & 71---Constitution of Pakistan (1973), Art.185(3)---Detention of youthful offender---Offence was committed by detenu who was about sixteen years of age at the time of commission of offence---On finding the accused guilty, Provincial Government ordered detention of convict for seven years in juvenile jail---Difference of view existed in High Court as to whether or not detenu could be detained beyond the age of eighteen years---Leave to appeal was granted to consider the correct legal position.Sh. Muhammad Yousuf v. State 1971 PCr.LJ 786; Raja Mal v. State PLD 1977 Kar. 13 and Ashiq Ali alias Ghulam Murtaza Somro v. State 1984 PCr.LJ 2000 ref.(b) Sindh Children Act (XII of 1955)-------S. 68---Offence committed by youthful offender of about sixteen years of age---Trial Court found that factually offence of murder was committed by the youthful offender but no sentence was imposed on him on the ground that he was below the age of sixteen years---Trial Court, however, reported the case to Provincial Government in terms of S.68, Sindh Children Act, 1955---Provincial Government ordered detention of youthful offender for a period of seven years---Detention was challenged in High Court on the ground that a child could not be detained beyond the time he attained age of eighteen years--�Detenu was released by the High Court---Validity---No sentence could be imposed' on a youthful offender which exceeds the period when he would reach the age of eighteen years---Order of detention passed by the Government was thus, without jurisdiction.(c) Sindh Children Act (XII of 1955)-------S. 68(2)---Different situations in which Court is empowered to report the matter of a youthful offender to the Provincial Government for orders---Where nature of offence committed by the youthful offender is serious one and the Court is of opinion that punishment provided under Sindh Children Act, 1955 is not sufficient; or Court is satisfied that the youthful offender is of so unruly, or of so depraved a character, that he cannot be committed to a certified school or detained in a safe place and the methods provided for dealing the case are not…