Law:

Section:

Juvenile Justice System Ordinance (XXII of 2000)--- ----S. 7---Criminal Procedure Code (V of 1898), Ss.439 & 561-A--­Determination of age of accused---Invocation of provisions of S.7 of Juvenile Justice System Ordinance, 2000---Provisions of S.7 of Juvenile Justice System Ordinance, 2000 though not to be invoked in each and every case mechanically---Where a question with respect to the age of accused could not be answered through any documentary evidence, such inquiry was called for under the law---Ossification test could only give a clue as to age, but could not be conclusive proof---Such exercise had to be resorted to only when no other proof was available, like school leaving certificate or the birth certificate of the accused---In case no convincing and reliable evidence was available before Trial Judge, to determine age of accused he would be left with no alternative but to rely upon the report of Standing Medical Board duly constituted in pursuance of the orders of the Court and made same a basis of his finding---Report of Medical Board had been rightly given preference over other documents, i.e. school leaving certificate and Kabin Nama and age of accused had been validly determined above 18 years at time of occurrence---No prejudice seemed to have been caused to accused Ossification test though was a better guide to age of a person, but not an accurate estimate---Margin of one year on either side was possible--­Benefit of margin had been given to accused in the present case--­Impugned order being not illegal or perverse, no justification was available for interference in exercise of revisional jurisdiction of High Court. Afsar Zamin v. The State PLD 2002 Kar.18; Muhammad Akram v. Muhammad .Haleem 2002 PCr.LJ 633; Muhammad Hayat v: Muhammad Iqbal 2002 PCr. LJ 1237; Arshad Razzaq v. The State 1998 PCr.LJ 1331 and Muhammad Zakir v. The State and another 2004 SCMR 121 ref. JUDGMENT This revision petition under section 439 read with section 561-A, Cr.P.C filed by Syed Ghulam Mustafa Shah alias Pappa, petitioner, is directed against order dated 24-7-2003 of learned Judge, Juvenile Court, Dera Ismail Khan whereby the age of the petitioner having been…

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