PESHAWAR, July 2: A local court on Monday admitted for hearing a revision petition filed on behalf of a minor boy who had been convicted and fined Rs3,000 for pelting stones on a train engine and damaging its window glass.
The petitioner has prayed the court to set aside his conviction and reimburse the fine paid.
The court, presided over by Additional District and Sessions Judge Hussain Bahadur Khan, fixed July 10 for next hearing.
A railways magistrate convicting Zark Khan, 3, on June 15 had directed his father to excute a Rs10,000 surety bond for the good behaviour of the boy in future and pay Rs3,000 fine for damages.
The revision petition was filed by advocates Astaghfirullah and Khalid Afridi of the Universal Human Rights Organisation, stating that a minor boy of 3 could not be convicted.
They also stated that the railways magistrate had no jurisdiction to hear the case as after the promulgation of the Juvenile Justice System Ordinance 2000, it was the exclusive jurisdiction of a juvenile court to hear the reference.
The magistrate, they said, had not followed any provisions of the Criminal Procedure Code while convicting the boy. Neither he was provided copy of the case nor proper charge was framed against him, the counsel stated.
According to the FIR registered on June 11 at the railways police station, Peshawar Cantt, some unidentified children had pelted stones on the engine while it was passing near Akora Khattak.