Law:

Section:

Juvenile Justice System Ordinance (XXII of 2000)--- ---S. 7---Determination of age---Accused claimed that he was 17 years old at the time of his arrest---Trial Court allowed application filed by accused under Ss.4 and 5 of Juvenile Justice System Ordinance, 2000 after relying upon his birth certificate and academic records---Contentions of complainant (applicant) were that Medical Board, constituted by the Trial Court, opined that as per bone ossification and physical appearance of accused, he was aged between 19 and 20 years, and that accused had submitted forged birth certificate and academic records before the Trial Court---Validity---Accused had submitted a forged birth certificate as no record for its issuance was available with the concerned department---Only way left to determine age of accused in such circumstances was through medical evidence---Medical Board had opined that age of accused was between 19 and 20 years and his age at the time of commission of offence was not less than 18 years---General appearance of accused revealed that he was not less than 20 years of age---Impugned order of Trial Court was not sustainable in the eyes of law and as such same was set aside---Revision application was allowed accordingly. Mst. Shabana Kausar v. Farhan Ahmed 2003 PCr.LJ 1507; Baber Shahzad v. The State 2007 YLR 2151 and Banney Khan v. The State 1975 PCr.LJ 453 ref. ORDER SYED HASAN AZHAR RIZVI, J.---This Criminal Revision Application under section 435 & 439 r/w section 561-A, Cr.P.C. has been filed by the applicant to set aside the impugned order dated 11-11-2011 passed under section 4/5 of Juvenile Justice System 2000 by learned IInd Additional Sessions Judge Karachi (East). 2. I have heard Mr. Aaquib Rajpar, learned counsel for the applicant, Mr. Ghulam Mustafa Memon learned counsel for the respondent No.1 and Ms. Rahat Ehsan learned D.P.-G. 3. Learned counsel for the applicant has contended that the finding of the trial Court is totally against the factual position of the case. He drew attention of this Court to the opinion/report of the Medical Board constituted under the orders of the trial Court for ascertaining the age of respondent No.1. The…

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