| Case ID |
229d5f16-319a-4fb0-ba0d-07794f448759 |
| Body |
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| Case Number |
Crl. Misc. A. No. 501-L of 2003 in Criminal Appeal |
| Decision Date |
Jan 03, 2004 |
| Hearing Date |
Jan 03, 2004 |
| Decision |
The court granted the application for suspension of sentences and bail to the applicants. The applicants were previously convicted under Section 377 of the Pakistan Penal Code and sentenced to rigorous imprisonment for two and a half years. However, since both applicants were minors at the time of the offense, the court recognized that their imprisonment was in violation of the Juvenile Justice System Ordinance, which prohibits such sentences for children. They had already served substantial portions of their sentences and were deemed eligible for bail. The court ordered their release upon furnishing bail bonds. |
| Summary |
This case involves the Federal Shariat Court's decision regarding the suspension of sentences for two applicants, Husnain Raza alias Jani and Abu Bakar, who were convicted under Section 377 of the Pakistan Penal Code. The case highlights the importance of the Juvenile Justice System Ordinance, 2000, which protects minors from harsh penalties and emphasizes rehabilitation over punishment. The court found that the applicants, being 16 years old at the time of the offense, could not have been sentenced to rigorous imprisonment as per the law. The decision reflects the court's commitment to upholding children's rights and ensuring that justice systems are sensitive to the needs of minors. The ruling allowed for the applicants' immediate release on bail, reinforcing the principles of fair treatment and rehabilitation for juvenile offenders. This case serves as a crucial reference point for future cases involving minors and the application of juvenile justice laws. |
| Court |
Federal Shariat Court
|
| Entities Involved |
Not available
|
| Judges |
ch. ejaz yousaf, C.J.
|
| Lawyers |
Syed Zaiuar Hussairi Shirazi, Advocate for Applicants,
Raja Abdur Rehman, Assistant Advocate-General, Punjab,
Raja Akhtar Nawaz, Advocate for State
|
| Petitioners |
HUSNAIN RAZA alias JANI,
Abu Bakar son of Muhammad Ashraf alias Lai
|
| Respondents |
STATE
|
| Citations |
2004 SLD 3807,
2004 PLJ 72
|
| Other Citations |
Not available
|
| Laws Involved |
Juvenile Justice System Ordinance, 2000,
Pakistan Penal Code, 1860
|
| Sections |
12(2),
377
|