Law: Juvenile Justice System Ordinance, 2000

Section: 7

(a) Juvenile Justice System Ordinance (XXII of 2000)--- ----S. 7---Age, determination of---Requirements---Duty of court---Ossification test not considered---Effect---Section 7 of Juvenile Justice System Ordinance, 2000, provided that while determination of age, if a question arose as to whether an accused before the court was a child for the purpose of the Ordinance, then the court would record a finding after such inquiry which would include a medical report for determination of age of the child---Mode for determination of age of the accused, in the present case, had not been rightly followed by the Trial Court by omitting to consider the medical report---Ossification test showed that the accused was 18 to 20 years of age---Trial court had to give due weight to the true facts of the case and then by adopting proper mode must have observed the sanctity attached to the ossification report as well as the material in the shape of documentary evidence submitted by the parties---Accused, as reflected from the date of birth mentioned in his CNIC, was more than 20 years of age at the time of the occurrence; however, since the accused had contended that due to poverty he had got issued the said CNIC in order to get the livelihood for his family, therefore, the Trial Court should have taken note of the entire scenario of the case and then should have arrived at a just and right conclusion---Trial court had not properly looked into the School Leaving Certificate of the accused and had negated the ossification report without dilating upon the true facts and passed the impugned order in mechanical and stereo type way---In criminal dispensation of justice, the benefit of doubt is extendible at all stages of inquiry and trial---Accused was, therefore, held to be entitled to the benefit of one year's margin and was declared as juvenile as such and his case was ordered to be sent to the juvenile court---Revision was allowed accordingly. Umar Hayat v. Jahangir and others 2002 SCMR 629; Sultan Ahmad v. ASJ and others PLD 2004 SC 758; Om Prakash v. State of Rajhastan and others 2012 SCMR 1400; Shehar Yar alias Shahri v. The State and others 2006 YLR 10; Malik Sajjad Ahmad v. The…

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