Law:

Section:

(a) Penal Code (XLV of 1860)---- ----S. 302---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by Supreme Court to accused only on the limited question of sentence on the plea of his minority. (b) Penal Code (XLV of 1860)---- ----Ss. 302 & 308---Death sentence, propriety of---Provision of the Criminal Law (Second Amendment) Ordinance (VII of .1990) whereby "adult" had been defined to mean a person having attained the age of 18 years and not liable to Qisas in terms of S. 308, P.P.C., was promulgated on 5-9-1990 and enforced on 3-10-1990, whereas the offence in the case was committed on 4-1-1989 and as such the said law was not applicable---Even otherwise the said provisions could not apply as the sentence of death had not been given to accused in the case as "Qisas", but had been-awarded as "Tazir"---Record did not prove that the accused at the time of occurrence was 15 years of age as he had not produced any evidence on this point---Trial Court usually recorded the age of the accused at the time of recording statement under S.342, Cr.P.C. at random and in routine manner just by appearance which could not be made basis for finding on such an important matter---Deceased a young boy of 16 years, according to his post-mortem report, had suffered 13 incised wounds mostly on vital parts of the body and he was done to death merely because he refused to surrender to the immoral lust of the accused--­Murder had been committed in a brutal and relentless manner and the accused did not deserve .any leniency in the matter of sentence---Appeal against sentence was dismissed accordingly. JUDGMENT ABDUR REHMAN KHAN; J.---Muhammad Sarwar, a student of 4th class was murdered near the gate of the school on 4-1-1989, at 1-00 p.m. This murder was reported to the Police by his brother Muhammad Yasin (P.W.2), the same day at 2-30 p.m. It was stated in the report that his deceased brother, a student of 4th class, aged about 16 years, was about to enter the gate of the school, when Muhammad Saleem accused (appellant) armed with Chhuri, stabbed him on his neck who fell down and while he was lying down the accused repeated blows with Chhuri. The…

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