Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 109 & 34---Juvenile Justice System Ordinance (XXII of 2000), Ss. 5 & 6--- Qatl-i-amd, abetment, common intention---Accused had challenged the order handed down by the Court of Session through which application by the accused for separation of trial being juvenile was dismissed---Accused had relied upon his birth certificate wherefrom the age of accused was commuted as fourteen years, seven months and seven days but the same had been entered in the record of Union Council only last year (2014)---Educational certificate of accused was not an independent source of information about the age of accused because said document was followed the information volunteered by student himself or someone connected with him---Such document could not be found to be conclusive proof of date of birth---When controversy regarding the age of accused could not be settled through documentary evidence, preference would be given to the medical opinion---According to the opinion furnished by Medical Board accused was about sixteen to seventeen years of age at the time of his ossification test conducted eight months and twenty days after the occurrence---Taking into consideration possibility of variance on one year in both sides existed in medical opinion, accused was less than eighteen years of age and had fallen within the definition of a 'child' to get the benefit of Juvenile Justice System Ordinance, 2000---Revision was allowed accordingly. 2012 SCMR 1400 rel. (b) Juvenile Justice System Ordinance (XXII of 2000)--- ----S. 7---Determination of age---Scope---When controversy regarding the age of accused could not be settled through documentary evidence, preference would be given to the medical opinion. 2012 SCMR 1400 rel. THIS JUDGMENT DELIVERED BY: ABDUL SAMI KHAN, JUSTICE:---.--- Through this petition under sections 435 and 439, Cr.P.C. the petitioner has challenged the order dated 24.08.2013 handed down by the learned Sessions Judge, Mianwali through which he has dismissed the application filed by the petitioner under sections 5/7 of the Juvenile Justice System Ordinance, 2000. 2. The learned counsel for the petitioner submits that…

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