Law:

Section:

Penal Code (XLV of 1860)---------S. 302/34---Juvenile Justice System Ordinance (XXII of 2000), S.7--­Determination of age of accused---Matter for determination of the age of accused had been referred to the Medical Board with consent of the parties---Over-writing in the relevant column of the Birth Register of the accused had not been seriously disputed by the complainant---Medical Board had not only relied upon the Radiologist's report but had also independently examined the accused to arrive at the conclusion--­Impugned order whereby the Sessions Court while holding the accused to be a juvenile in terms of Juvenile Justice System Ordinance, 2000, had directed him to be tried separately, did not suffer from any illegality or material irregularity to warrant interference by High Court in its revisional jurisdiction---Revision petition was dismissed accordingly. Muhammad Ajmal v. State through Advocate-General, Punjab PLD 2003 SC 1; Sher Baz Khan and others v. Mst. Malkani Sahibzadi Tiwana and others PLD 2003 SC 849 and Mehboob Ahmad v. The State and 2 others.2002 PCr.LJ 2034 distinguished. Naseer Ahmad v. The State PLD 2000 SC 813 and Umar Hayat v. Jahangir and another 2002 S C M R 629 ref. JUDGMENT This Criminal Revision is directed against the order dated 7-1-2004 passed by the learned Additional Sessions Judge, Sargodha vide which, while holding that respondent/accused Muhammad Hayat to be a juvenile in terms of Juvenile Justice System Ordinance, 2000, was directed to be tried separately. 2. Facts in brief are that a case (vide F.I.R. No. 105 dated 2-8-2002, under section 302/34, P.P.C. Police Station Jhawarian, District Sargodha) was registered for the murder of Muhammad Yar. None was named as an accused. However, during investigation two accused were challaned, namely, Muhammad Hayat (respondent) and co ­accused Muhammad Farooq. The former moved an application that he was below of eighteen years of age, the matter was referred to the Medical Superintendent, D.H.Q. Hospital, Sargodha who constituted a Medical Board and in terms of the report dated 2-12-2003, the Radiologist opined as under:-- "Considering X-Ray of hand, wrist, elbow, shoulder, pelvis, knee,…

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