890/2024 Cr.Bail HABIBULLAH S/O MUHAMMAD IQBAL (Applicant) V/S THE STATE (Respondent)
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
890/2024 Cr.Bail HABIBULLAH S/O MUHAMMAD IQBAL (Applicant) V/S THE STATE (Respondent) Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 15-JUL-24
There is another aspect of the case the applicant claims to be a juvenile born on 01.01.2009 and is about 15 years old as per his birth certificate duly issued by the NADRA, such certificate is available in the police file/ file of this Court (page 39) in such a scenario, again the Supreme Court in the case of Khawar Kayani Vs. The State (PLD 2022 SC 551) has come to rescue the person incarcerated in jail by interpreting Section 6(5) of the Juvenile Justice System Act, 2018. The question of whether the case of the applicant, being a child as disclosed by the investigating officer in the charge sheet, falls within the exception contained in section 83 P.P.C., for ease of reference, is hereby reproduced infra:- ???Act of a child above [ten] and under [fourteen] of immature understanding.- Nothing is an offense which is done by a child above [ten] years of age and under [fourteen], who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.???