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MOHSIN RAZA ALIAS KHAN versus AZMAT ULLAH


Section Penal Penal Code of Conduct (XLV of 1860), section 302/109/148/149 murders, disorderly armed with deadly weapons, school leaving certificates were presented to the trial court, one of the accused applicants. Sending the matter to the Medical Board with different dates of birth of the accused by the source and the second complainant and according to his report the age of the accused was presented as 18 years two months and 18 days when His case failed to prove his age through a particular piece of evidence. The court correctly dismissed her request, however, in view of the controversial reviews of the medical board member, questions about the determination of the age of the accused were left open for the trial court to decide at the end of the trial. If there was a special request by her regarding her identification. Some strong, credible, undeniable and convincing evidence in such a situation would enable the trial court to properly punish the accused, regardless of his age.

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