Law: Juvenile Justice System Ordinance, 2000

Section: 2(b)

Law: Penal Code (XLV of 1860)

Section: 302/148/149

(a) Juvenile Justice System Ordinance (XXII of 2000) S. 2(b) Child Determination of age Medical opinion cannot override the evidence of birth certificate. Muhammad Rafique v. The State 1987 PCr.LJ 1360; Muhammad Ishaq v. Muhammad Nadeem and another 2001 MLD 1561 and Muhammad Anwar and others v. The State 1976 PCr.LJ 1325 ref. (b) Juvenile Justice System Ordinance (XXII of 2000) Ss. 5 2(b) Penal Code (XLV of 1860), Ss.302/148/149 Transfer of. case of accused to Juvenile Court Juvenile Court had found the accused to be of less than 18 years of age by means of the impugned order Sessions Judge (Juvenile Court) had preferred the birth certificate of accused over their medical reports for determination of their age and in doing so he had not committed any illegality or material irregularity ¬Impugned order was valid and suffered from no infirmity. Muhammad Rafique v. The State 1987 PCr.LJ 1360; Muhammad Ishaq v. Muhammad Nadeem. and another 2001 MLD 1561 and Muhammad Anwar and others v. The State 1976 PCr.LJ 1325 ref. ORDER The petitioner is a complainant in case F.I.R. No.295 of 2000 registered under sections 302/148/149, P.P.C. registered at Police Station Yazman sub judice before Additional Sessions Judge, Bahawalpur, who vide his reference, dated 25 4 2001 sent the file to the Sessions Judge, Bahawalpur on the ground that according to birth certificate, the accused persons respondents Nos.2 and 3, herein, were minor and they have to be tried separately by the Juvenile Court constituted under Juvenile Justice System Ordinance, 2000. Resultantly separate challan against said two accused persons was submitted in the Court. The complainant present petitioner made an. application for determination of the age of the accused persons respondents Nos.2 and 3 and the Medical Expert gave opinion regarding age of Gulsher accused as 19 to 20 years and that of Shah Muhammad accused as 22 years. The learned Sessions Judge Juvenile Court vide order, dated 19 7 2001 giving preference to the birth certificate of the accused observed that the accused persons are less than 18 years of age. The above said order has beer impugned through the instant revision petition. 2. The learned…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492