| Case ID |
17b218fc-af18-434e-acaf-15a77225dc1c |
| Body |
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| Case Number |
Criminal Petition for Special Leave to Appeal No. |
| Decision Date |
Apr 04, 1988 |
| Hearing Date |
Apr 04, 1988 |
| Decision |
The Supreme Court granted leave to appeal to consider whether the petitioner, Niamat Ali, was indeed of tender age at the time of the incident, which involved the murder of Afzal Ali Shah and an assault on his wife. The petitioner was sentenced to death under section 302 P.P.C. and a fine, with an additional sentence under section 397 P.P.C. The court noted that the age of the petitioner at the time of the crime was only 13 years, and the question of age was not thoroughly examined during the trial. The court's decision emphasized the importance of considering the appropriate sentence that aligns with the principles of justice, especially in cases involving minors. |
| Summary |
This case revolves around the conviction of Niamat Ali, a minor, for the murder of Afzal Ali Shah and an assault on his wife. The case highlights critical aspects of juvenile justice, examining the implications of sentencing a minor to death under the Penal Code. The Supreme Court of Pakistan addressed the issue of the petitioner's age, which was stated to be 13 years at the time of the incident, and emphasized the need for a thorough investigation into the age at trial. The decision reflects the court's commitment to ensuring justice while considering the tender age of the petitioner, thus raising important questions about the intersection of criminal law and child rights. This case serves as a significant reference for future cases involving minors, underlining the necessity for judicial scrutiny in matters of age, sentencing, and the broader implications for juvenile offenders. Key legal precedents and principles were examined, making it a pivotal case in the realm of criminal justice and children's rights. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASLAM RIAZ HUSSAIN,
SAAD SAOOD JAN
|
| Lawyers |
Learned counsel for the petitioner
|
| Petitioners |
NIAMAT ALI
|
| Respondents |
THE STATE
|
| Citations |
1988 SLD 2440,
1988 SCMR 1097
|
| Other Citations |
Criminal Appeal No. 1/J/1984,
Murder Reference No. 40 of 1984,
Criminal Appeal No. 888 of 1979
|
| Laws Involved |
Penal Code (XLV of 1860),
Constitution of Pakistan, 1973
|
| Sections |
302,
307,
185(3)
|