Law: Pakistan Penal Code, 1860

Section: 34,302,324

Law: Juvenile Justice System Ordinance, 2000

Section: 7

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 324 & 34---Qanun-e-Shahadat (10 of 1984), Preamble---Juvenile Justice System Ordinance (XXII of 2000), S.7---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Determination of age of accused person vis-a-vis his claim of minority---Trial Court, relying on the birth and school certificates, concluded that the accused was less than eighteen years of age at the time of occurrence, therefore direction was given for submitting separate challan in that context---Objection was raised that such order was passed without recording any evidence, which was against the relevant provision of law---Validity---Provisions of S.7, Juvenile Justice System Ordinance, 2000 mandate a proper inquiry into the said issue wherein the courts should require production of evidence including medical reports for proof of age in accordance with the manner and the procedure prescribed by Qanun-e-Shahadat, 1984---Other side was also afforded opportunities which were envisaged and guaranteed by the Qanun-e-Shahadat, 1984---Order having been passed in violation of law, revision petition was allowed accordingly. Muhammad Aslam and others v. The State and another PLD 2009 SC 777 rel. (b) Juvenile Justice System Ordinance (XXII of 2000)--- ----S. 7---Minority, claim of---Claim of minority must be made at the earliest available opportunity---Accused was not to be allowed to throw surprises about his alleged minority at the end of the trial or at appellate or revisional stage---Such act would amount to depriving the prosecution of opportunity to rebut such claim in a proper manner. THIS ORDER PASSED BY: SAYYED MAZAHAR ALI AKBAR NAQVI, J.--- By means of instant criminal revision petition filed under section 435/439, Cr.P.C. the petitioner, who is complainant of case FIR No.192/2015, dated 19.04.2015, offence under sections 302, 324, 34, P.P.C., registered with Police Station Garh, District Faisalabad, has challenged the vires of order dated 06.04.2016, passed by learned Additional Sessions Judge, Tandlianwala through which respondent No.1 was declared juvenile in terms of section 7 of the Juvenile Justice System Ordinance, 2000, and the…

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