| Case ID |
42077f3a-983c-4652-b9b8-9f14443aa7e1 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Appeal No. 853-P of 2019 |
| Decision Date |
Mar 02, 2020 |
| Hearing Date |
Mar 02, 2020 |
| Decision |
The appeal was allowed, and the order of the learned trial court dated 24.06.2019 was set aside. The trial of the accused, Bilal, was withdrawn from the Child Protection Court and entrusted to the Juvenile Court. The decision emphasized that the accused, being a juvenile, should be tried under the Juvenile Justice System Act, 2018, rather than the Khyber Pakhtunkhwa Child Protection and Welfare Act, 2010. The court clarified the distinction between 'juvenile' and 'child at risk,' confirming that the accused did not fall within the definition of 'child at risk' and should be dealt with under the juvenile justice framework. This decision is crucial for ensuring that juveniles are afforded the appropriate legal protections and processes as delineated by the relevant laws. |
| Summary |
This case revolves around the jurisdictional question of whether a juvenile accused, Bilal, should be tried under the Juvenile Justice System Act, 2018, or the Khyber Pakhtunkhwa Child Protection and Welfare Act, 2010. The Peshawar High Court evaluated the definitions of 'juvenile' and 'child at risk' as outlined in the respective laws, ultimately determining that the accused, being a minor, must be tried in a juvenile court. The ruling highlighted the importance of appropriate legal frameworks for juveniles, emphasizing the need for tailored legal processes that acknowledge their unique status. The court's decision to transfer the case to the Juvenile Court underscores the significance of protecting juvenile rights within the judicial system. This pivotal ruling serves as a precedent for future cases involving juveniles and their treatment under criminal law, ensuring that their trials reflect their age and the nature of their offenses. The case reaffirms the necessity for clear legal guidelines when addressing juvenile offenses, as well as the ongoing commitment to juvenile justice reform. It is essential that legal practitioners and policymakers continue to navigate the complexities of juvenile law to safeguard the welfare and rights of young offenders. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Rooh-ul-Amin Khan, Justice,
Irshad Khan
|
| Lawyers |
Shabbir Hussain Giyyani for Petitioner,
Arshad Ahmad, A.A.G. for the State,
Sahibzada Riyazat ul Haq for Respondent No.1
|
| Petitioners |
Irshad Khan
|
| Respondents |
Another,
Bilal
|
| Citations |
2020 SLD 2091,
2020 PLD 154
|
| Other Citations |
Not available
|
| Laws Involved |
Juvenile Justice System Act, 2018,
Khyber Pakhtunkhwa Child Protection and Welfare Act, 2010
|
| Sections |
4,
2(h),
16,
2(1)(e)
|