PESHAWAR, Aug 19: The Peshawar High Court on Tuesday acquitted a juvenile offender in a murder case and set aside his conviction by a Qazi court in Swat.
A single bench comprising Justice Talat Qayyum Qureshi accepted the appeal of Farman Ali, who was awarded five-year imprisonment with payment of Diyat amount by an Izafi Zila Qazi (additional district and sessions judge).
The boy, who was less than 12 years of age at the time of occurrence on April 4, 2000, was tried for killing another boy, Imran Khan, in district Swat. Jamil Ahmad, brother of the deceased, had charged Farman with the murder of his brother.
The appellant had recorded his confessional statement after the occurrence in which he claimed that he was carrying a pistol when the deceased met him near a watercourse. He claimed that the pistol went-off accidentally, resulting in the death of Imran. He was convicted under Section 319 of Pakistan Penal Code, dealing with Qatle Khata (unintentional murder).
Astaghfirullah advocate appeared for the appellant and argued that at the time of occurrence the age of the appellant was less than 12 years. He added that under section 83 nothing was a crime committed by a boy of less than 12 years of age and of immature understanding.
He argued that the confessional statement of the appellant could not be relied upon as he was of immature understanding and the statements of the prosecution witnesses were in conflict with that statement.
Mr Astaghfirullah contended that he was sentenced under section 319 of the PPC, whereas it was not a case of Qatle Khata and it was an accidental murder. He added that section 80 of the PPC nothing was an offence which was done by accident or misfortune, and without any criminal intention.
Jamil Qamar advocate appeared for the state and argued that the appellant was nominated in the FIR. He added that as it was not an intentional murder, therefore, he was sentenced for Qatle Khata. He added that the pistol used in the offence was recovered from the appellant’s possession.
