1. The petitioner stands accused in a case F.I.R. No. 185, dated 5-6-1989 for having committed an offence under section 10 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 which was registered on the statement of Mst. Razia Begum complainant. On 16th of August, 1989 when this petition came up for hearing it was urged on behalf of the petitioner that he was a 'minor of less than 18 years of age and therefore, not an adult within the meaning of section 2 of the Ordinance, 1979 and as such the provisions of section 10 were not attracted to this case. The learned Assistant Advocate-General disputed this position and wanted to check the record.
2. Today Mr. Zaeem-ul-Farooq, Assistant Advocate-General states that after having gone through the record of Government Islamia High School Chopala District Gujrat, he is satisfied that the contention of the learned counsel that the petitioner is less than 18 years of age is prima facie correct. The record which is available today, in Court also lends support to this contention. The record of National Registration Office, Gujrat also shows the age of the petitioner to be less than 18 years. In these circumstances: prima facie, it appears that the petitioner was not adult and, therefore, the provisions of section 10 of the Ordinance are not attracted. The case prima facie falls under section 7 of the Ordinance for which the punishment is 5 years and as such does not come within the prohibitory clause of section 497, Cr.P.C. The petitioner is, therefore, admitted to bail in the sum of Rs.20,000 (Rupees twenty thousand) with one surety in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Gujrat.
3. S.A./Z-118/L