Plea of juvenility

Matter was promptly reported with no mistaken identity and the motive was stated to be a dispute over the construction of a water tank

Accused was alleged to be not more than 13 years of age but despite an extract collected from the school register nothing was produced before the Court to confirm the plea taken, as such, concession of bail could not be extended to the accused

Accused was at liberty to raise similar contention before the lower court and apply for post arrest bail if some substantial evidence in respect of his age was collected, then too, the court would apply its judicial mind to the facts and circumstances of the case and the evidence collected

Petition for grant of bail was dismissed, in circumstances.

Medical Board found the age of accused as 18 years, 1 month and 25 days as on the day of occurrence with a margin of error, it would be unsafe to declare accused an adult to face trial on a capital charge involving irreversible penalty of death

Impugned order, whereby accused was declined to be treated as juvenile, was set aside by High Court

Accused was directed to be sent to face trial before the court constituted under Juvenile Justice System Ordinance, 2000, in circumstances.

Scope.

Contentions of accused were that co-accused had been granted bail on the same set of allegations; that accused was aged about 14/15 years, therefore, being a juvenile he was entitled for the concession of bail, and that investigation was complete and accused was no more required for further investigation

Validity

Accused was a juvenile being less than 15 years of age

Investigation was complete

Co-accused had already been granted bail

Although accused was charged with peadophilia but circumstances warranted acceptance of bail petition

Accused was admitted to bail, in circumstances.