Law: Juvenile Justice System Ordinance, 2000

Section: 5,4,7

Law: Juvenile Justice System Ordinance, 2000

Section: 5,4,7

Juvenile Justice System Ordinance (XXII of 2000)--- ----Ss. 4, 5 & 7---Determination of age of accused---Petitioner who claimed to be juvenile filed application for separation of his case to be tried by the Juvenile Court, which application having been dismissed by the trial Court, petitioner had filed revision against such dismissal---Scope---Trial Court, while passing the impugned order, had found that Medical Board which had conducted ossification test of petitioner, had not been properly constituted which had vitiated its report and it was obligatory upon the Court to refer back the matter to Medical Superintendent for reconstitution of the Medical Board according to the provisions of law---Medical report being an essential requirement for determination of age of the petitioner, the omission of such report, had rendered impugned order a nullity in law---Impugned order was set aside and case was remanded to the Trial Court for determination of the age of petitioner afresh. Muhammad Akram v. Muhammad Saleem alias Hamayun and others 2004 SCMR 218 and Malik Sajjad Ahmad v. The State and another 2006 PCr. LJ 211 rel. JUDGMENT SYED HAMID ALI SHAH, J.---Petitioner had moved and application for separate trial as, according to him, his case was to be tried under Section 5 of Juvenile Justice System Ordinance,2000 (XXII of 2000) because jurisdiction to try the petitioner vests in Juvenile Court under Section 4 of the Ordinance, 2000. 2. Learned trial Court vide order dated 26-7-2007, directed Medical Superintendent Nishtar Hospital Multan, for ossification test of the accused petitioner and for a report as to his age. The age of the petitioner was assessed by the board, comprising of APMO, DHQ Hospital, Khanewal, Surgeon D.H.Q. Hospital, Khanewal and Medical Superintendent, D.H.Q. Hospital, Khanewal. Learned Additional Sessions Judge observed in his order dated, 22-10-2007 that the board failed to hold proper inquiry, report is not sufficient and correct, thus the petitioner cannot succeed on this ground. It was also observed by the Court that the petitioner has not agitated the question of separate trial, after registration of case and at the time of framing of…

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