2001 PLP 1191 (MLD)
AHMAD ALI ‑‑‑ Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 2001 PLP 1191 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Khawaja Muhammad Sharif, J |
| Parties | AHMAD ALI ‑‑‑ Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Juvenile Justice System Ordinance (XXIH of 2000)‑‑‑ |
Q1: What are the key laws and sections cited in 2001 PLP 1191 (MLD)?
This judgment primarily cites: Juvenile Justice System Ordinance (XXIH of 2000)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2001 PLP 1191 (MLD)?
The case was heard and decided by the Lahore bench comprising: Khawaja Muhammad Sharif, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2001 PLP 1191 (MLD) (AHMAD ALI ‑‑‑ Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shaukat Hussain Khan Baloch for Petitioner.
- Date of hearing: 1st March, 2001.
Headnotes / Summary
‑‑‑‑S.7‑‑‑Criminal Procedure Code (V of 1898), S.439‑‑‑Trial by Juvenile Court‑‑‑Scope‑‑‑Petitioner had prayed that the accused being minor at the time of occurrence, his trial should be conducted by Sessions Judge as a Juvenile Court‑‑‑High Court accepting petition directed Sessions Judge concerned to get the age of the accused determined from a Medical Board and if according to report of Medical Board the accused was found to be minor at the time of occurrence then his case should be tried by Sessions Judge as a Juvenile Court. Ch. Muhammad Hanif Khatana, Add1.A.‑G. for the State.
Judgment & Decree
Ch. Muhammad Hanif Khatana, Add1.A.‑G. for the State. Date of hearing: 1st March, 2001. Through this petition, it has been prayed that Javed Iqbal, accused in case F.I.R. No.21 of 1998 registered with Police Station Chuchak, District Okara being minor at the time of occurrence, his trial shall be conducted by the Sessions Judge of the District as a Juvenile Court constituted under the Juvenile Justice System Ordinance, 2000 while his co accused shall be tried by learned Additional Sessions Judge to whom the case has been entrusted.
2. Section 7 of Juvenile Justice System Ordinance, 2000 (Ordinance No.XXIII of 2000) provides as under:‑‑ "
7. Determination of age.‑‑‑If a question arises as to whether a person before it is child for the purposes of this Ordinance, the Juvenile Court shall record a finding after such inquiry which shall include a medical report for determination of the age of the child, "
3. As to the contention TOM the case of a minor accused shall be tried by Sessions Judge of the District as a Juvenile Court, learned Additional Advocate‑General has no cavil rather he concedes the legal position.
4. In these circumstances, I direct the learned Sessions Judge, Okara to get the age of Javed Iqbal, accused determined from a Medical Board A constituted through the good office of Medical Superintendent, D.H.Q, Okara. If, according to the report of the Medical Board, the accused Javed Iqbal is found to be minor at the time of occurrence then his case shall be tried by learned Sessions Judge, Okara as a Juvenile Court while the case of his co‑accused shall be decided by the learned Additional Sessions Judge where the trial is pending. With the above observations, this petition is disposed of. H.B.T./A‑216/L Order accordingly.