| Case ID |
4292d947-a7c0-4e46-92cd-6318351f7e32 |
| Body |
View case body. Login to View |
| Case Number |
K-58 of 1982 |
| Decision Date |
Dec 08, 1982 |
| Hearing Date |
Nov 13, 1982 |
| Decision |
The Supreme Court of Pakistan set aside the decisions of the lower courts and directed the trial court to reconsider the application of the accused regarding his age. The court acknowledged the conflicting evidence regarding the age of the accused and emphasized the need for a fresh examination of the evidence regarding his age to determine whether he should be granted the benefits of a trial under the Sind Children Act, 1955. The court noted the importance of considering all relevant evidence, including medical certificates and birth certificates, and highlighted the necessity of a thorough investigation to resolve the discrepancies in the age documentation. |
| Summary |
In the case of Abdul Kadir Shaikh and Zaffar Hussain Mirza, JJ, the Supreme Court of Pakistan dealt with the critical issue of determining the age of an accused individual in relation to the Sind Children Act, 1955. The accused, Ismail, was charged with murder under section 302 of the Penal Code. He claimed to be a minor, seeking to be tried under the provisions of the Sind Children Act. The court examined conflicting evidence, including medical reports and various birth certificates, which presented different dates of birth. The trial court had relied on a birth certificate from the Karachi Municipal Corporation, while the High Court favored a medical certificate. The Supreme Court underscored the need for a comprehensive assessment of all evidence to ascertain the accused's age accurately. The decision emphasized the significance of adhering to legal standards when evaluating age-related claims in criminal proceedings, ensuring that minors receive appropriate legal protections. The ruling also reinforced the necessity for the trial court to conduct a fresh hearing to resolve the discrepancies in age documentation effectively. This case is pivotal in understanding the legal frameworks surrounding the treatment of minors within the criminal justice system, highlighting the challenges and complexities of age determination in legal contexts. Keywords: Sind Children Act, age determination, criminal justice, Pakistan law, minor accused. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL KADIR SHAIKH,
ZAFFAR HUSSAIN MIRZA
|
| Lawyers |
Abdul Sattar Shaikh,
Muzaffar Hassan,
Azizullah K. Shaikh,
Aziz Dastgir
|
| Petitioners |
Muhammad Younus
|
| Respondents |
The State
|
| Citations |
1985 SLD 1072,
1985 SCMR 2051
|
| Other Citations |
AIR 1944 Sind 132
|
| Laws Involved |
Constitution of Pakistan (1973),
Penal Code (XLV of 1860),
Sind Children Act (XIV of 1955)
|
| Sections |
302,
S. S
|