2006 PLP 2052 (YLR)

SH. ABDUR RASHID, J.--Through this petition Zuhaib Zafar petitioner seeks to assail the order dated 31-10-2003 passed by learned Additional Sessions Judge, Khushab, in case F.I.R. No.124 of 2002, dated 21-9-2004, under sections 302/395/202, P.P.C. registered at Police Stations Mitha Tiwan, District Khushab, in which he had been declared as a major while dismissing the petitioner's application for being adjudged as a child within the meaning of Juvenile Justice System Ordinance, 2000.

2. The facts giving rise to this revision petition are that the petitioner stands involved as an accused in the abovementioned case and he submitted an application before the trial Court for being adjudged as a child within the meaning of Juvenile Justice System Ordinance, 2000, and claimed separate trial. The learned trial Court vide order dated 31-10-2003 declared the petitioner a child within the meaning of said Ordinance and ordered his separate trial. The said order was assailed before this Court and was set aside on the ground that the learned trial Court while passing the said order had failed to have the petitioner medically examined and consequently a Medical Board was constituted for an opinion regarding the petitioner's age and the said Medical Board opined the petitioner to be of 21 years of age and ultimately vide impugned order dated 31-10-2003 the learned Additional Sessions Judge, Khushab, solely relying upon opinion of the Medical Board, dismissed the petitioner's application for being adjudged as a child and continued his joint trial with other co-accused. The said order had been assailed through this revision petition.

3. The perusal of the impugned order reveals that the trial Court while making the same has only relied upon the opinion of the Medical Board and has ignored all other documents and the material which had been placed before it such as marriage certificate of the petitioner's parents, baptism certificates, Form-B of registration office and entries in passport of the petitioner's mother regarding age of all her children. It is to be noted that whenever question arises as to whether a person is child for the purposes of Juvenile Justice System Ordinance, 2000, the Juvenile Court shall record a finding after such inquiry which shall include the medical report for determination of the age of the child. The learned Juvenile Court has to take into account all the material produced during the said inquiry along with medical report for determination of the age of the child. It is not required to solely rely on one evidence and discard the other material. The medical evidence cannot override the evidence of other documents such as Nikahnama or marriage certificates of parents, birth certificates if found to be genuine and truthful. In the present case, the learned Juvenile Court has solely relied upon the opinion of the Medical Board and has not taken into consideration the other relevant material available on file in determining the age of the petitioner. The learned counsel for the complainant has also agreed that the learned Juvenile Court be directed to re-determine the age of the petitioner in the light of the above observations. Therefore, the impugned order is set aside and the learned Juvenile Court is directed to determine the age of the petitioner afresh in the light of all the documents which the petitioner has produced before it or may wish to further produce before it along with medical evidence. As this case has already been considerably delayed, learned Juvenile Court will expedite the proceedings. N.H.Q./Z-133/L Case remanded.