Law:

Section:

(a) Juvenile Justice System Ordinance (XXII of 2000)--- ----Preamble & S. 7--- Juvenile Justice System Ordinance, 2000---Scope---Juvenile Justice System Ordinance, 2000, had been promulgated for protection of children in criminal litigation; and for their rehabilitation in the society---Provisions of said Ordinance, would exclude infliction of death penalty on the juvenile---Such was no ordinary concession given by the statute---For determination of age of accused an inquiry within the contemplation of S.7 of Juvenile Justice System Ordinance, 2000, was to be undertaken, which was an integral part of dispensation of criminal justice---All the doctrinal and juridical protections were available to an accused claiming juvenility, which certainly included the benefit of doubt---High Court observed that, in the face of two views, view favouring the accused was to be accepted. (b) Penal Code (XLV of 1860)--- ----S.302(b)---Juvenile Justice System Ordinance (XXII of 2000), S.7---Qatl-i-amd---Plea of juvenility---Determination of age of accused---Ossification test---Method and process---Official record showed that accused's age was less than 18 years on the date of occurrence---No discrepancy was noted in the official record which was prior to the incident---Ossification test was an important method to determine the age of accused---Such test was generally regarded as a good method with a fair deal of accuracy, with limitations---Margin of error of two years had to be given on either side while determining the age of accused---Medical Board found the age of accused as 18 years, 1 month and 25 days as on the day of occurrence with a margin of error, it would be unsafe to declare accused an adult to face trial on a capital charge involving irreversible penalty of death---Impugned order, whereby accused was declined to be treated as juvenile, was set aside by High Court---Accused was directed to be sent to face trial before the court constituted under Juvenile Justice System Ordinance, 2000, in circumstances. Muhammad Zubair v. The State 2010 SCMR 182; Muhammad Anwar v. Muhammad Sufyan and another 2009 SCMR 1073; Mst. Shabana Kousar v. Farhan Ahmad 2003 PCr.LJ 1507;…

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