Law:

Section:

Juvenile Justice System Ordinance (XXII of 2000)-------S. 7--- Juvenile accused--- Determination---Birth certificate and medical evidence---Scope---Accused, relying upon medical report, claimed to be juvenile offender but complainant produced birth certificate of accused---Trial Court relying upon the birth certificate did not declare the accused as child---Validity---Medical report was not the sole criterion for determination of age of accused, it was one of the pieces of evidence to be considered for such purpose---Medical report could be relied upon, if there was no other cogent evidence on record regarding age of accused---Complainant succeeded in getting certified copy of birth certificate of accused according to which he was born on 28-6-1993 and his birth was reported on next day i.e. 29-6-1993, by Chowkidar---Birth certificate in which name of accused was mentioned stood un-rebutted---Trial Court, from such evidence was in a position to ascertain exact date of birth of accused so it was rightly relied upon to determine the age of accused and according to birth certificate, accused was 18 years, 2 months and 26 days old at the time of occurrence, so he did not fall within the definition of "child" and could not claim separate trial to be conducted under Juvenile Justice System Ordinance, 2000---When there was nothing on record to rebut birth certificate there was no reason for Trial Court to discard such authentic piece of evidence---Exact age of any person could not be ascertained and determined by medical report---Difference existed between report of dental surgeon and ossification test---When exact date of birth was proved on record through birth certificate, the medical report could not be given preference over birth certificate---Trial Court rightly preferred birth certificate over medical report---Order passed by Trial Court suffered from no infirmity and warranted no interference by High Court in exercise of revisional jurisdiction, as Lower Appellate Court exercised jurisdiction vested in him---Revision was dismissed in circumstances. Malik Sajjad Ahmad v. The State and another 2006 PCr.LJ 211; Adeel Hassan v. The State and another 2008 PCr.LJ…

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