Law: Juvenile Justice System Act, 2018

Section: 8

Juvenile Justice System Act (XXII of 2018)--- ----S. 8---Age, determination of---Determination of age on the basis of medical examination report---Scope assailed order passed by Trial Court whereby request made by petitioner for ossification test of the accused was declined had got registered an FIR under S.302, P.P.C., against the accused for committing qatl-i-amd---Police had found the accused as minor, hence while declaring him so, had submitted the challan in the court constituted under the Juvenile Justice System Act, 2018---Section 8 of Juvenile Justice System Act, 2018 carried two steps: First was to be adopted by the Investigating Officer, whereas the other by the court---Where the accused claimed to be juvenile or from appearance he seemed so then the Investigating Officer or the court had to make an inquiry to that effect, which could include a medical report---Investigating Officer had only relied upon the documents produced before him by the accused---One of such documents was admittedly incorrect but even then no effort was made by Investigating Officer for medical examination of the accused---Even the Trial Court had failed to resolve the controversy in question---Revision petition was allowed, accordingly. THIS JUDGMENT DELIVERED BY: MUHAMMAD TARIQ ABBASI, JUSTICE:---.--- This revision petition, calls in question the order dated 05.04.2019, of the learned Sessions Judge, Khushab, whereby request made by the petitioner, for ossification test of respondent No. 2 namely Muhammad Ikram (hereinafter referred to as the respondent), has been declined. 2. The petitioner had got registered FIR No. 310, dated 28.09.2018, under Section 302, P.P.C., at Police Station Quaidabad, District Khushab, against the respondent for committing 'qatl-e-amd' of Qamar Hayat. The Police had found the respondent as minor, hence while declaring him so, had submitted the challan in the court, constituted under The Juvenile Justices System Act, 2018 (hereinafter referred to as the Act). 3. The petitioner while declaring the above mentioned findings of the Police, to be against the required procedure and based upon incorrect documents, had requested the learned trial court,…

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