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K.L.R. 1999 Criminal Cases 529

ABDUR RAZZAQ vs THE STATE

CitationK.L.R. 1999 Criminal Cases 529
CourtLahore High Court
Case No.Crl. Misc. No. 1/B of 1999 in Crl. Appeal No. 95 of 1998
Date1999-03-25
Judge(s)Raja Muhammad Khurshid
ResultN/A

ORDER RAJA MUHAMMAD KHURSH1D, J.- Relying on 1998 P.Cr.L.J. 24 (Lahore) Ali Bahadur and 2 others v. The State, it is prayed that the sentence of the appellant/petitioner be suspended as he was admittedly 13 years of age at the time of commission of occurrence and as such, his conviction and sentence of imprisonment for life under Section 302(b) PPC was not liable to stand. In this regard, it was contended that the appellant/petitioner having not reached the age of 18 years will be considered as minor as laid down in Section 299(a) PPC. In such a situation, a minor could not be convicted for Qatl-i-Am liable to Qisas and would be liable to be punished under Section 306 read with Section 308 PPC which prescribe the sentence of 'Diyat' or Tazir upto 14 years or both.

2. Learned counsel for the State did not take any exception to the above proposition.

3. In view of the above and since the appellant/petitioner is minor and is behind the bars since after his arrest on 7.5.1994' therefore, 'his sentence is suspended and he is admitted to bail in a bit heavier amount of Rs.200,000/- with two sureties each in the like amount to the satisfaction of the Trial Court. The petitioner/appellant shall, however, appear in person when the appeal is find for hearing. C.M. Stands disposed of. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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