Law: Juvenile Justice System Ordinance, 2000

Section: 7

Law: Penal Cafe (XLV of 1888)

Section: 302,109

(a) Juvenile Justice System Ordinance (XXII of 2000) [since repealed]--- ----S. 7---Penal Code (XLV of 1860), Ss. 302 109---Qatl-i-amd, abetment---Age determination of---Scope assailed order of Trial Court whereby his request to be declared as a person of less than 18 years of age was turned down had placed reliance on Form-B issued by NADRA, school leaving certificate and report of medical board had brought on record birth registration certificate of petitioner issued by Secretary Union Council which showed that the age of petitioner on the day of occurrence was much above 18 years---Held; Form-B was issued after about three months of the occurrence, therefore, it had lost its credibility---Date of birth mentioned in Form-B was in sharp conflict with the school leaving certificate which was produced by none other than the petitioner---Birth certificate of petitioner was based on an entry made in the record of Union Council approximately a decade before the incident had not questioned the genuineness of the birth certificate---Determination of age through ossification test was vulnerable to variation of 2 to 3 years, therefore, the trial court had rightly given preference to unchallenged/unrebutted birth certificate---Petition was dismissed, in circumstances. Muhammad Naeem v. The State and another 2003 YLR 321; S. Ghulam Mustafa v. The State and 2 others PLD 2004 Pesh. 236; Muhammad Zubair v. The State and others 2014 PCr.LJ 1680; Muhammad Basit v. The State and 3 others 2016 PCr.LJ 1745 and Khushal v. The State 2018 YLR 1605 ref. Intizar Hussain v. Hamza Ameer and others 2017 SCMR 633 and Naveed Abbasi v. Hassan Zamir Abbasi and another 2019 YLR 1033 rel. (b) Juvenile Justice System Act (XXII of 2018)--- ----Ss. 8, 4 2(b)---Criminal Procedure Code (V of 1898), S. 167---Age determination of---Juvenile court---Procedure when investigation cannot be completed within twenty-four hours---Scope---Section 2(b) of Juvenile Justice System Act, 2018 defines a child as a person who at the time of commission of offence has not attained the age of 18 years---Juvenile Court is established under S. 4 of the Juvenile Justice System Act, 2018 to deal with such cases---Certain…

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