| Case ID |
214c16fa-ee79-43c2-942f-bcc28091726f |
| Body |
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| Case Number |
Criminal Appeal No.53(S) of 2001 |
| Decision Date |
Oct 18, 2006 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan granted leave to appeal to consider the applicability of the Juvenile Justice System Ordinance, 2000, the admissibility of a judicial confession made on oath, and the use of such confession as evidence to sustain a death sentence. The Court concluded that despite the procedural violation in recording the confession on oath, if the confession is found to be true and voluntary without causing prejudice to the accused, it may still be admissible. The Court ultimately maintained the conviction but converted the death sentence into life imprisonment based on the appellant's status as a juvenile at the time of the offense, in accordance with the Presidential Order dated 13-12-2001. |
| Summary |
This case revolves around the legal intricacies of a murder conviction under the Offence of Zina (Enforcement of Hudood) Ordinance and the Penal Code in Pakistan. The Supreme Court addressed critical issues regarding the admissibility of confessions recorded under oath, the implications of juvenile status in criminal proceedings, and the standards for evidence in Hudood cases. The outcome of the case underscores the importance of ensuring that judicial processes adhere to both statutory requirements and the principles of justice, particularly concerning the rights of juvenile offenders. The appeal led to significant discussions on the intersection of Islamic law and English law principles, particularly regarding confessions and the treatment of minors in the legal system. The decision highlights the evolving landscape of juvenile justice in Pakistan and the application of constitutional protections for young offenders. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HAMEED DOGAR,
MUHAMMAD NAWAZ ABBASI,
MIAN SHAKIRULLAH,
JAN,
DR. ALLAMA KHALID MAHMOOD,
DR. RASHID AHMED JULLUNDHARI
|
| Lawyers |
Muhammad Munir Peracha, Advocate Supreme Court for Appellant,
Ms. Nahida Mehboob Ellahi, Advocate Supreme Court,
M.A. Zaidi, Advocate-on-Record for the Complainant
|
| Petitioners |
NAZEER alias WAZEER
|
| Respondents |
THE STATE
|
| Citations |
2007 SLD 1588,
2007 PLD 202
|
| Other Citations |
Anwara Chowdhury v. M. Majid PLD 1964 SC 813
|
| Laws Involved |
Offence of Zina (Enforcement of Hudood) Ordinance,
Penal Code,
Juvenile Justice System Ordinance,
Oaths Act,
Constitution of Pakistan
|
| Sections |
VII of 1979,
10(3),
XLV of 1860,
302(b),
201,
XXII of 2000,
12,
X of 1873,
5,
1973,
203-F(2-B)
|