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MUHAMMAD BABAR versus MUHAMMAD AMJAD


Section 302/34 juvenile justice system ordinance (XXII of 2000), section 5 constitution of Pakistan (1973), article 185 (3) separate murder cases before two courts hearing cases of juvenile offenders according to the FIR The commissioner had facilitated the prosecution. One court prosecuted the murder accused, while the commissioner was tried under section 5 of the Judicial Justice System Ordinance 2000, another court convicted by the trial court and sentenced to death and two others The persons were acquitted, while the commissioner accused was sentenced and the High Court dismissed the appeal against the fate of the two accused. Later, even though he was a minor, the accused was also convicted by the same bench of the High Court. But was acquitted that his case was resolved by another accused. The trial court had raised by the complainant that there was sufficient evidence to link the acquittal to the crime. d Consideration by the Supreme Court; was it permissible to acquit the accused in the background of the evidence against them? Even if the evidence is properly appreciated in its true context. Whether or not both cases can be prosecuted by the same Judicial Officer to avoid conflicting decisions and whether the High Court's decision to dismiss the appeal against the fate of the two accused can remain in law.

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