Law: Criminal Procedure Code (V of 1898)

Section: 435,439

Law: Juvenile Justice System Ordinance, 2000

Section: 2(b),7

Law: Constitution of Pakistan, 1973

Section: 45

(a) Juvenile Justice System Ordinance (XXII of 2000)--- ----S. 7---Constitution of Pakistan (1973), Art. 45---Juvenile offender---Determination of age---Commutation of death sentence to imprisonment for life---Notification dated 13-12-2001 issued by the President---Pre­requisite---Provincial Government prior to commutation of death sentence to imprisonment for life under the Notification dated 13-12-2001 'issued by the President shall ensure that the age of accused (condemned prisoner) as recorded by the Trial Court had entitled him to such a commutation. Ziaullah v. Najeeb Ullah and others PLD 2003 SC 656 and Rehmat Ullah alias Raja v. Home Secretary, Punjab, Lahore and others 2004 SCMR 1861 ref. (b) Juvenile Justice System Ordinance (XXII of 2000)--- ----Ss. 7 & 2(b)---Refusal to commute death sentence of accused to imprisonment for life being juvenile below the age of 18 years at the time of commission of offence by virtue of Notification dated 13-12-2001 issued by the President---Validity---Determination of the age of accused was to be made in accordance with S.7 of the Juvenile Justice System Ordinance, 2000, on the basis of medical report, therefore, entries in the Birth Certificate issued by the Secretary Union Council and in Forms A and B of the Registration Department were of no value---Best evidence to prove the age of accused was of the Radiologist whose report was to be given preference to the School Leaving Certificate---Sessions Court had rightly concluded on the basis of medical report that the accused was above 18 years of age on the date of occurrence and was not a child within the meaning of S.2(b) of the Juvenile Justice System Ordinance, 2000, and that as such he was not entitled to the remission of sentence of death to imprisonment for life---Even otherwise, Trial Court had never recorded a finding regarding the age of accused and the question of his age was never agitated before the Trial Court, Appellate Court or even the Supreme Court; it was, therefore, too late to raise such a plea before the Sessions Court for remission of death sentence of accused to imprisonment for life on the basis of his being a minor at the time of…

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