| Citation(s) |
|---|
| 2007 SLG 3011 2007 SLD 3011 2007 PLJ 87 |
Federal Shariat Court
Jail Crl. A. Nos. 215/L of 2001 (linked with) 216/L of 2001, decided on 17.4.2007.
HAZIQ-UL-KHAIRI, C.J. & MUHAMMAD ZAFAR YASIN, JJ.
Ms. Asma Jehangir and Mr. Muhammad Rafique Chaudhry, Advocates for Appellants. Mr. Asjad Javed, D.P.G. for State.
Jail Crl. A. Nos. 215/L of 2001 (linked with) 216/L of 2001, decided on 17.4.2007.
HAZIQ-UL-KHAIRI, C.J. & MUHAMMAD ZAFAR YASIN, JJ.
Ms. Asma Jehangir and Mr. Muhammad Rafique Chaudhry, Advocates for Appellants. Mr. Asjad Javed, D.P.G. for State.
MUHAMMAD NADEEM alias DEEMI and anothers--Appellants
VS
STATE--Respondent
Law:
Section:
Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 201 & 308--Criminal Procedure Code (V of 1898), S. 164--Conviction and sentence recorded against accused by trial Court--Challenge to--Cause of death to suicide--Facts--Confessional statement--Question of--Appreciation of evidence--Confession made by accused was neither made voluntarily nor it was free from coercion nor it was consistent with other evidence on record. [P. 95] A Criminal Procedure Code, 1898 (V of 1898)-- ----S. 342--Questions put to them u/S. 342 Cr.P.C. by trial Court--Dozens of questions and depositions of large number of PWs producing hundred of documents are not related to appellants which have made the entire judicial proceeding against them a mockery in the eyes of law. [P. 95] B PLJ 2001 SC (AJK) 255, rel. Juvenile Justice System Ordinance, 2000 (XXII of 2000)-- ----R. 362--Extend to current pending and future cases against a child and has no relevance to the decided and closed cases which were earlier in time to the commencing day of the Ordinance. [P. 96] C Pakistan Prison Rules-- ----R. 362--Promulgation--Commencing day of Ordinance, 2000--Conviction to minors--Challenge to--No doubt it was most gruesome and shocking murder committed by a single person in the history of crimes in which one by one children of different ages for fairly long period were first subjected to sodomy by him and killed in the most cold, barbaric and in human manner throwing afterwards their dead bodies in acid--Crossed the barriers of law in directing to strangle accused in a manner provided and then to cut his body in 100 pieces such direction is against the teachings of Islam and in violation of Rule 362 of Pakistan Prison Rules and is also perverse and of no legal effect--Appeals accepted. Judgment Haziqul Khairi, C.J.--By this judgment, we propose to dispose of two Jail Criminal Appeals Nos. 215/L of 2001 and 216/L of 2001 filed by appellants Muhammad Nadeem aged 9/10 years and Muhammad Sabir, aged 13/14 years respectively who have impugned the judgment dated 16.3.2000 passed by the learned Sessions Judge, Lahore whereby appellant Muhammad Nadeem was sentenced to 14 years R.I. on 13 counts totaling 182…
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