It is, inter alia, contended that incident took place on 4-5-1994 whereas statement of petitioner under section 342, Cr.P.C. Was recorded on 8-10-1996 wherein the age of petitioner has been shown as 18 years, as such, on the day of incident he was below 16 years age. In this view of the matter the sentence of death is harsh. In support he relies upon the case of Umar Hayat v. Jahangir and another 2002 SCM R 629 wherein accused Jahangir was sentenced to imprisonment for the life as he was not adult at the time of incident. In view of this, learned counsel vehemently urged that it is a fit case for grant of leave.
2. Accordingly leave to appeal is granted to reappraise the evidence in detail for the safe administration of criminal justice.