Law:

Section:

Juvenile Justice Ordinance, 2000 (XXII of 2000)-- ----Preamble--Juvenile Justice System Ordinance (XXII of 2000), had been promulgated for protection of children in criminal litigation and for their rehabilitation in society--Provisions of Ordinance exclude infliction of death penalty on a juvenile; this is no ordinary concession given by Statute. Juvenile Justice Ordinance, 2000 (XXII of 2000)-- ----S. 7--Dispensation of criminal justice--Juvenility--Benefit of doubt--Question of--Determination of age--No discrepancy was noted--Antedated to incident--Opinion of medical board was preferred over entries in record proceed--Validity--All doctrinal and juridical protections are available to an accused claiming juvenility which certainly includes benefit of doubt--Findings of board were not challenged by accused and in addition thereto, paper book relied upon did not carry accused's date of birth whereas no such ambiguity can be attributed to record relied upon by petitioner wherein date of birth was incorporated about two decades back to incident--It would be unsafe to declare him an adult to face trial on a capital charge involving irreversible penalty of death--In criminal dispensation of justice, benefit of doubt is extendable at all stages of inquiry and trial. Ossification Test-- ----Scope--Ossification test is an important method to determine age of a person; through such methodology, estimation of one's age is based upon study of progress of ossification in bones; it is generally regarded as a good method with a fair deal of accuracy, however, with limitations. Medical Jurisprudence-- ----Juvenility--Margin of error of two years--Ossification test--Validity--View is supported by medical jurisprudence classifying ossification of different bones in different timeframes--Bones of upper limbs and scapulae are completely ossified during a period between 17 to 20 years whereas bones of lower limbs and os coxae become completely ossified between 18 to 23 years. JUDGMENT Muhammad Basit, petitioner herein, accompanied by Muhammad Bilal, co-accused, is confronting charge of homicide before a learned Addl. Sessions Judge at Talagang; he is attributed fatal Churri blows…

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