Law: Juvenile Justice System Ordinance, 2000

Section: 7

Law: Pakistan Penal Code, 1860

Section: 34,114,302

Law: Criminal Procedure Code (V of 1898)

Section: 497

(a) Juvenile Justice System Ordinance (XXII of 2000)--- ----S. 7---Age, determination of---Non-constitution of Medical Board---Plea of juvenility not raised during investigation---Effect---Complainant assailed order of Trial Court whereby it declared the accused to be minor and ordered for separate trial---Plea of complainant was that constitution of Medical Board was a pre-requisite, which exercise had not been under taken by Trial Court; that accused had not taken the plea of juvenility during investigation and that plea of minority was an afterthought, raised after managing the supportive documents---Validity---Held; accused could not be penalized for raising the plea of juvenility at a later stage---School leaving certificate relied on by the accused was hotly contested by the complainant party---NADRA record had not been made part of the petition submitted before Trial Court---Medical Board could amplify the school leaving certificate which was susceptible to interpolation and manipulation and it was imperative to obtain opinion of Medical Board---Opinion of Medical Board though was not conclusive; but assisted the court in arriving at a just conclusion when juxtaposed with documentary evidence---Order passed by Trial Court wasset aside and it was directed to pass a fresh order after taking into consideration the opinion of Medical Board. (b) Criminal trial--- ----Plea of juvenility by accused---Medical Board, constitution of---Opinion of Medical Board---Scope---Opinion of Medical Board was not conclusive; it assisted the court in arriving at a just conclusion when juxtaposed with documentary evidence. (c) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302, 114 & 34---Qatl i amd, abetment and common intention---Bail, grant of, without application---Re-calling of bail order---Scope---Trial Court had released the accused on bail, without any application under S. 497, Cr.P.C.---Bail granted to accused was re-called by the Chief Court and accused was directed to be taken in custody. THIS JUDGMENT DELIVERED BY: MALIK HAQ NAWAZ, JUSTICE:---.--- Through this petition the petitioner has assailed the judgment/order dated…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492