Law: Pakistan Penal Code, 1860

Section: 34,302,302(b),324,337-D,337-F(ii)

Law: Criminal Procedure Code (V of 1898)

Section: 173,340(2),342,382B,423,537,544

Law: Juvenile Justice System Ordinance, 2000

Section: 5,6

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b)/34 & 324/34---Juvenile Justice System Ordinance (XXI7 of 2000), Ss.5 & 6---Appreciation of evidence---Sentence, reduction in---Accused after having been declared as juvenile was separately tried from his adult co-accused by Trial Court---Apparently the procedure adopted by Trial Court was violative of Ss.5 and 6(4) of the Juvenile Justice System Ordinance, 2000, but the adverse effect, if any, caused due to violation of the relevant provisions of law, had reached an irreversible stage, which could not be cured---Accused having already become major, remand of his case for holding his exclusive trial would not serve any Purpose---Moreover, holding trial of accused along with his co-accused on one and the same date of hearing or by placing the retyped verbatim copies of the statements of the witnesses from the file of adult co-accused to his file, defence of accused was not all adversely affected, particularly when the counsel of adult co-accused was also representing the present accused and duly safeguarding his interest as well---Not appropriate to remand the case to Trial Court after almost eight years of its inception, especially when the methodology had been evolved and adopted by Trial Court with the implied consent of the parties, which had only been objected to at the time of the decision of present appeal---Irregularity committed by the consent of the parties could be treated as a curable one---Motive for the occurrence had been proved---Eye-witnesses had no deep-rooted enmity with the accused for his false implication---Daylight occurrence had been promptly reported to the police---Presence of the injured prosecution witness at the time and place of occurrence could not be doubted---Ocular testimony was in line with medical evidence---Accused had not denied his presence at the scene of occurrence---Defence version was not plausible of having been attacked by the complainant party---Case was one of sudden fight between the parties---Accused had not caused any injury to the deceased and he had participated in the occurrence and given a knife blow to the injured witness just to get his cousin released…

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