2007 PLP 1913 (YLR)
NOOR SHAH — Petitioner Versus IFTIKHAR AHMAD and others-Respondents
| Citation | 2007 PLP 1913 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Mian, Muhammad Najum-uz-Zaman, J |
| Parties | NOOR SHAH — Petitioner Versus IFTIKHAR AHMAD and others-Respondents |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2007 PLP 1913 (YLR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 1913 (YLR)?
The case was heard and decided by the Lahore bench comprising: Mian, Muhammad Najum-uz-Zaman, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1913 (YLR) (NOOR SHAH — Petitioner Versus IFTIKHAR AHMAD and others-Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Naseem Ullah Niazi for Petitioner.
- Muhammad Iftikhar vice M. Farooq Qureshi for Respondents.
Headnotes / Summary
Ss. 302 & 452/34
Determination of age of accused
During the trial of case, no application was filed by accused that he was juvenile at the time of alleged occurrence
Trial Court while declaring accused as juvenile, directed for submission of a separate challan to the extent of accused under Juvenile Justice System Ordinance, 2000
Legality of said order had been challenged by the complainant in revision
To determine the age of accused, under the order of High Court, report was obtained from the concerned Medical Board
Report of Medical Board had revealed that accused in its opinion was 22/24 years of age at the time of occurrence
Accused having been proved to be more than eighteen years on relevant date, impugned order qua sending the case of accused to Juvenile Court was set aside.
Judgment & Decree
MIAN MUHAMMAD NAJAM -UZ-ZAMAN, J.
Petitioner is complainant of case F.I.R. No.344 of 2004, dated 9-9-2004 for the offence under sections 302/452/34, P.P.C. registered at Police Station, Jauharabad, District Khushab. During the trial upon the application of Iftikhar Ahmed alias Iftikhar .Hussain (respondent No.1), learned trial Court vide order dated 1-10-2005 while declaring him as juvenile directed for the submission of a separate challan to his extent under the Juvenile Justice System Ordinance, 2000 and through this criminal revision the legality of the said order has been challenged.
2. Under the order of this Court to determine the age of respondent No.1, report was obtained from the concerned Medical Board. This report reveals that respondent was examined by the Board on 29-10-2005 and in the opinion of the Board, on the said date the age of respondent No.1 was (sic) years. The occurrence in this case took place on 9-9-2004 and in this view of the matter respondent No.1 was 22/24 more than eighteen years on the relevant date. Accordingly the impugned order qua sending the case of respondent No.1 (Iftikhar Ahmed alias Iftikhar Hussain) to the Juvenile Court is not sustainable, the same is set aside. Disposed of. H.B.T./N-28/L Revision accepted.