Law:

Section:

Juvenile Justice System Ordinance (XXII of 2000)--- ----S. 7---Age of accused---Determination---Principles---Accused had challenged order of the Trial Court, whereby his application for submission of challan in terms of Juvenile Justice System Ordinance, 2000 had been turned down---Medical Board had opined that at the time of examination of accused his age was 18 to 19 years---For availing benefit of Juvenile Justice System Ordinance, 2000, accused was required to raise said issue at the investigation stage, and later on before the Trial Court---Accused raised said issue before the Trial Court, which was required to proceed under S.7 of Juvenile Justice System Ordinance, 2000---Trial Court would enquire into the matter for determination of age of accused, and medical report would be part of that enquiry and not a conclusive proof thereof---Evidence in proof of plea raised by accused, was to be led by accused in accordance with law during enquiry; in which the prosecution was to be afforded ample opportunity of cross-examination of the witnesses to test sanctity and genuineness of the documents and credibility of oral evidence---Opinion of the Medical Board would be a piece of evidence and not final and sole proof of the minority of accused, and that too would be led in evidence for determination of the age of accused---If same was objected to by the prosecution, it could call the author of the report for cross-examination---While disposing of the petition High Court directed that in case accused was pressing his plea with regard to his minority, he may substantiate the same before the Trial Court in the light of guidelines provided by the High Court. Muhammad Aslam and others v. The State and another PLD 2009 SC 777 ref. JUDGMENT NISAR HUSSAIN KHAN, J.---Through instant criminal revision petition, order of learned Additional Sessions Judge-IX, Peshawar dated 17-9-2013 has been challenged whereby petitioner's application for submission of Challan in terms of Juvenile Justice System Ordinance, 2000 has been turned down. 2. Learned counsel for petitioner argued that at bail stage, opinion of the Medical Board was solicited, according to which petitioner's age on…

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