Law:

Section:

Penal Code (XLV of 1860) --------- ----------Ss. 302, 427, 148 & 149 --------- Juvenile Justice System Ordinance (XXII of 2000), S. 7 --------- Qatl-i-amd, mischief causing damage, rioting, common object --------- Appreciation of evidence --------- Determination of age of accused --------- Application filed by accused to declare him juvenile and separation of his case from other accused person, was dismissed by the Trial Couct --------- Validity --------- Accused claimed that he was less than 18 years at time of occurrence --------- Medical Board, duly constituted, unanimously opined that accused was aged about 16-1/2 years of age at the time of occurrence --------- Birth Certificate, issued with late entry, had fully corroborated the opinion of Medical Board/ossification test --------- Medical test/ossification test, though a better guide, but not accurate estimate --------- Possibility of margin of one year on either side existed --------- Ossification test was only an estimated assessment; and Medical Board could not determine the age of accused with certainty --------- Medical report, could be preferred over school leaving certificate, but in the present case, it was not the matter of school leaving certificate, as date of birth of accused was shown in matriculation certificate and that was the primary certificate which would travel upto highest education level --------- Very narrow scope was available for entry of wrong date of birth at that time--Accused had failed to establish that he was below the age of 18 years at the time of alleged occurrence --------- Order passed by the Trial Court was well reasoned, and the enquiry conducted by the Trial Court was as per requirement of S.7 of Juvenile Justice System Ordinance, 2000 --------- Order passed by the Trial Court; old not be interfered with, in circumstances. PLD 2007 Lah. 392; Muhammad Zakir v. The State and another 2004 SCMR 121; Muhammad Anwar v. Muhammad Suffyian and another 2009 SCMR 1073 and Muhammad Hayat v. Muhammad Iqbal 2002 PCr.LJ 1237 rel. THIS ORDER PASSED BY: RAJA SHAHID MEHMOOD ABBASI, JUSTICE:---------- This revision petition is directed out of the order dated 20.02.2015 passed by…

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