Case Details

Citation(s)
2010 SLG 957 2010 SLD 957 2010 PLJ 711
Lahore High Court
Crl. Revision No. 805 of 2009, decided & hearing on 17.05.2010.
CH. MUHAMMAD TARIQ, JUSTICE
Rai Bashir Ahmed, Advocate for Petitioner. Ch. M. Qasim Bhutta, Advocate for Complainant. Ch. Muhammad Iqbal, DPG for State.

MUHAMMAD SHAHBAZ

VS

STATE AND ANOTHER

Law:

Section:

Juvenile Justice System Ordinance, 2000 (XXII of 2000)-- ----S. 7--Criminal Procedure Code, (V of 1898), S. 439--Criminal Revision--Application for declaring as Juvenile was about 22 years of age was medically examined after about 2 years of the alleged occurrence--According to FIR, the occurrence took place and at that time, the age of the petitioner was 17 years, 10 months and 16 days, which clearly indicate that at the time of occurrence, the petitioner was minor and was Juvenile--Unrebutted documentary evidence could not be rebutted by the opinion made by medical board because in ossification test, the medical board always give the tentative opinion--Revision allowed--Impugned order set aside--Case remanded. THIS ORDER PASSED BY: CH. MUHAMMAD TARIQ, JUSTICE---.--- This criminal revision petition under Section 439, Cr.P.C. has been directed against the order dated 12.10.2009 passed by the learned Additional Sessions Judge, Lahore. 2. Brief facts of the case are that the petitioner has been facing trial in the above case before the learned Additional Sessions Judge, Lahore. On 14.04.2009, the petitioner submitted an application under Section 7 of Juvenile Justice System Ordinance, 2000 to separate his case from the other co-accused, as the petitioner was having age less than 18 years at the time of alleged occurrence. The application submitted by the petitioner for declaring him juvenile was dismissed by the learned Additional Sessions Judge/trial Court vide order dated 30.03.2006 without holding any inquiry into the matter. The petitioner filed a revision petition against the order dated 30.03.2006 through Revision Petition No.289/2006, which was accepted by this Court and the matter was remanded to the learned Additional Sessions Judge, Lahore with the direction to decide the application of the petitioner after holding inquiry in the light of judgment passed by the Full Bench of this Court reported in PLD 2007 Lhr. 650 and after considering Birth Certificate as well as School Leaving Certificate. 3. During the inquiry conducted by the learned trial Court after remand of the case, the petitioner produced Secretary Union Council concerned who got recorded his…
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