Law:

Section:

Juvenile Justice System Ordinance (XXII of 2000)--- ---S.7---Qanun-e-Shahadat (10 of 1984), Art. 134---Juvenile status---Age of accused--- Determination--- Documents establishing age of accused-juvenile---Proof---Scope---Accused and co-accused (respondents) were convicted and sentenced by the Trial Court, whereafter they filed an appeal against their conviction raising the plea of being juveniles at the time of the occurrence---Appeal of accused and co-accused was accepted and case was remanded back to the Trial Court for determination of their age and consequently for trial, de novo---Complainant (petitioner) filed an application before the Trial Court for summoning the Radiologist as court witness to testify about the report prepared by him , on basis of which age of the accused and co-accused was determined by the doctors, but said application was turned down by the Trial Court---Contentions of the complainant were that the Trial Court passed the impugned order in his absence as well as his counsel; that the Trial Court had relied upon fake and fictitious school certificates of the accused and co-accused which were never produced by them during their trial and as such had wrongly declared them as juvenile offenders---Validity---Perusal of the record revealed that the accused and co-accused were earlier tried by the Trial Court, wherein, they did not take the plea of their tender age nor objected on their trial in the ordinary court---Requirement of law was that accused should take such a plea at the very initial stage, after registration of the case, so that the investigation officer might collect evidence in support thereof---Accused and co-accused failed to take such a plea during the investigation and the trial and it was at the appellate stage, when they took the plea of being juveniles for the first time---When the case had been remanded to the Trial Court, it was obliged to allow the complainant meaningful participation during the inquiry proceedings about the determination of the age of the accused and co-accused---Impugned order had been passed on the back of the complainant and his counsel---Trial Court was obliged to consider the factum that the…

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