Mirza ALI KHAN vs STATE
The appellant was convicted under section 302 of the Pakistan Penal Code 1860 and sentenced to imprisonment for life by the trial court. He filed an appeal along with an application for suspension of sentence, contending that he was a minor at the time of the alleged offence, should have been tried under the Sindh Children Act, and had remained on bail during the trial without the investigating officer being examined or recovery witnesses supporting the case. A photo copy of an age certificate issued by the Police Surgeon indicated his age was between 15 and 16 years at the time of the offence. The court noted that although the point of age was not raised before the trial court, the material supported his minority at the relevant time and that he had enjoyed bail during trial. Consequently, the court held that the sentence should be suspended. The key principle laid down is that where prima facie evidence establishes minority at the time of the offence and the accused remained on bail during trial, the sentence of imprisonment may be suspended pending the appeal.
- Can the sentence of a convicted person be suspended pending appeal if they were a minor at the time of the offence?
- Does remaining on bail during trial constitute a relevant factor for the suspension of sentence upon conviction?
- Whether an age certificate issued by a Police Surgeon can be considered for determining minority at the suspension of sentence stage?
- Section 302, Pakistan Penal Code 1860
ORDER
1. ' The appellant was convicted by learned IInd Additional Sessions Judge Central Karachi for offence under section 302 and sentenced to suffer imprisonment for life vide judgment dated 23-10-1999.
2. The appeal has already been admitted and the listed application has been filed for suspension of sentence on the grounds that the appellant was on bail during trial proceedings and he was minor at the time of alleged offence. The trial should have been under the provisions of Sindh Children Act. The Investigating Officer was not examined at trial proceedings. The witnesses of recovery have not supported the prosecution case. The learned counsel has produced photo copy of the age certificate issued by Police Surgeon Karachi dated 27-2-1994 wherein the age of applicant has been certified to be between 15 and 16 years.
3. The date of offence is 24-2-1994 and the certificate issued on 27-3-1994 shows his age to be between 15 and 16 years. The appellant had not agitated the point of age before the trial Court but the fact remains that the appellant was 15 and 16 years of age at the time of commission of offence and he remained on bail during trial proceedings. In view of these facts, I suspend the sentence of appellant and he shall be released on bail subject to furnishing of surety in the sum of Rs,2,00,000 and P.R. Bond in the like amount to the satisfaction of Nazir of this Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.