| Citation(s) |
|---|
| 2004 SLG 848 2004 SLD 848 2004 SCMR 218 |
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal No.97 of 2002, decision dated: 27-05-2002.(On Appeal from the judgment, dated 16-1-2002 in Criminal Revision No.73 of .2001 passed by the Lahore High Court Rawalpindi Bench, Rawalpindi)
HAMID ALI MIRZA AND SARDAR MUHAMMAD RAZA KHAN, JJ
Raja M. Ibrahim Satti, Advocate Supreme Court with Ch. Muhammad Akram, Advocate-on-Record for Petitioner. Raja Abdul Ghafoor, Advocate-on-Record for the Complainant. M. Zaman Bhatti, Advocate Supreme Court for the State
Criminal Petition for Leave to Appeal No.97 of 2002, decision dated: 27-05-2002.(On Appeal from the judgment, dated 16-1-2002 in Criminal Revision No.73 of .2001 passed by the Lahore High Court Rawalpindi Bench, Rawalpindi)
HAMID ALI MIRZA AND SARDAR MUHAMMAD RAZA KHAN, JJ
Raja M. Ibrahim Satti, Advocate Supreme Court with Ch. Muhammad Akram, Advocate-on-Record for Petitioner. Raja Abdul Ghafoor, Advocate-on-Record for the Complainant. M. Zaman Bhatti, Advocate Supreme Court for the State
MUHAMMAD AKRAM-
VS
MUHAMMAD HALEEM alias HAMAYUN and others
Law:
Section:
Juvenile Justice System Ordinance (XXII of 2000)---S. 7--Penal Code (XLV of 1860), Ss.302/364/109---Constitution of Pakistan (1973), Art.185(3)---Trial Court after holding an enquiry without ossification test had found the accused under 18 years of age at the time of occurrence and directed him to be tried by the Juvenile Court---Complainant's revision petition against the said order had been dismissed by the High Court through the impugned order---Supreme Court in the interest of justice and the legal pleas raised in the matter remanded the case- to the Trial Court to re-determine the age of the accused in terms of section 7 of the Juvenile Justice System Ordinance, 2000, so as to avoid future complications in the trial of the case and to decide the matter in accordance with law---Petition was disposed of accordingly. JUDGMENT HAMID ALI MIRZA, J.---This criminal petition for leave to appeal is directed against the order dated 16-1-2002 passed by learned Judge in Chambers of the Lahore High Court, Rawalpindi Bench in Criminal Revision No.73 of 2001 (Muhammad Akram v. Muhammad Haleem) passed by learned Judge in Chambers of the Lahore High Court Rawalpindi Bench, Rawalpindi, whereby the said revision was dismissed. 2. Brief facts of the case are that the petitioner got registered F.I.R. No.99 dated 10-4-2000, under sections 302/364/109, P.P.C. at Police Station Kahuta, District Rawalpindi, regarding the murder and abduction of his son namely Naveed Anjum against the respondents Nos. l and 2 and charge-sheet in respect of the case was sent by the concerned Magistrate under section 190(3), Cr.P.C. to Sessions Judge, Rawalpindi, who passed on the same for trial to the Additional Sessions Judge, Rawalpindi. On 1-7-2001 Juvenile Justice System Ordinance, 2000 (hereinafter referred to as the Ordinance) came into force, therefore respondent Muhammad Haleem moved an application before,…
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