Law:

Section:

Keywords: Commission, Evidence, Government, Examination, Place, Provisions, Jurisdiction, Medical Reports, Nullity, Registered, Magistrate, Offences, Petition, Orders, Appearance, Impugned Order, Order, Juvenile Offender, Recording, Date Of Birth, Trial Court, Certificate, Set Aside, Disposed Of Result: Order accordingly JUDGMENT This Revision Application entitled to be under sections 435/439, Cr. P. C. Read with section 51(3) of the Bombay Children Act, 1924 moved on behalf of the applicant Muhammad Saleem arises under the following circumstances:- 2. On 10-11-1970 in Kashunawaz Building Picture House Street, M. A. Jinnah Road, Karachi at 4-30 p.m. a quarrel between the applicant Muhammad Salim and his brother Abdul Ghani on one side and Abdur Razzaq and his companion Aba A.I on the other side took place. The applicant, herein, is said to have caused injuries to Abdul Razzaq who is the complainant in the case giving rise to this revision and this applicant also stabbed Aba A.I, who subsequently died as a result of the stab injury. Risala Police registered a case against the applicant and his brother under sections 302 and 307, P. P. C. Under which they were sent up by interim challan to the Court of A. C. M. No. 11, Karachi on 26-I1-1970. Thereafter, it appears that the applicant Muhammad Saleem raised a question regarding his age being below 16 years at the time of the incident in question and, therefore, he was examined by the police Surgeon as to his age, who sent a report dated 16-11-1970, wherein his conclusions according to the radiological finding and clinical examination were that the age of the applicant was about 17 years. This report it will be seen was made barely 6 days after the occurrence. In other words it shoe s that the applicant was aged more than 16 years at the time of the said occurrence. It appears that the lower Court again sent the applicant for opinion as to his age and referred his case to the Civil Surgeon, Sind Government Hospital, Karachi who sent his report dated 7-7-1971 wherein he stated that the age of the applicant was about 15-16 years. According to this certificate the applicant would be below the age of 16 years at the…

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