Case Details

Citation(s)
2021 SLG 2767 2021 SLD 2767 2021 MLD 2088
Lahore High Court
Criminal Revision No.201521 of 2018, decided on 20th April, 2021.
MUHAMMAD QASIM KHAN, CHIEF, JUSTICE
A.G. Tariq Chaudhry for Petitioner. Awais Shaukat and Asif Mehmood Khan for
Respondents Nos.1 to 5.

SAJJID RASUL

VS

ARSALAN ZAINULABIDIN AND OTHERS

Law: Juvenile Justice System Ordinance, 2000

Section: 7

(a) Juvenile Justice System Ordinance (XXII of 2000)--- ----S.7---Age, determination of---Production of evidence---Scope---Complainant assailed the validity of order passed by Sessions Judge whereby he had declared the accused persons to be Juvenile in terms of S.7 of the Juvenile Justice System Ordinance, 2000---Determination of child/adult required recording of evidence in view of Qanun-e-Shahadat, 1984---Record available on file reflected that the Trial Court in the process of inquiry had summoned relevant record from the concerned school, Union Council/Municipal Committee and NADRA (National Database and Registration Authority)---Complainant had not alleged that the documents produced by accused and corroborated by the record were forged or those were managed/maneuvered---Record unveiled that accused persons were juvenile at the time of occurrence---Revision petition was dismissed. (b) Juvenile Justice System Ordinance (XXII of 2000)--- ----S.7---Age, determination of---Production of documentary evidence---Ossification test---Scope---Whenever there is sufficient corroborative documentary evidence regarding age of the accused, the report of ossification test being merely an expert opinion cannot over-ride the documentary proof, particularly when the same was incorporated much prior to the occurrence. Intizar Hussain v. Hamza Ameer and others 2017 SCMR 633 ref. (c) Juvenile Justice System Ordinance (XXII of 2000)--- ----S.7---Age, determination of---Birth certificate---Scope---Birth certificate, which was got incorporated in the relevant record promptly, shall be domineering over any other piece of evidence. Nazeer alias Wazeer v. The State PLD 2007 SC 202 ref. (d) Juvenile Justice System Ordinance (XXII of 2000)--- ----S.7---Age, determination of---Scope---Whenever two views relating to the age of accused are possible, the view in favour of the accused is normally accepted. [p. 2092] F Ijaz Hussain v. The State 2002 SCMR 1455 ref. ORDER MUHAMMAD QASIM KHAN, CJ.---- By means of instant criminal revision petition filed under Section 435/439, Cr.P.C. the petitioner, who is complainant of case FIR No.143/2016, dated 16.03.2016, offence under Sections 302, 148,…
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