Age of accused

Accused was allowed bail in circumstances.

Accused, during pendency of the case, filed application before the Trial Court claiming juvenility and the Trial Court declared accused as juvenile on the basis of academic certification and the assessment certificate by the Doctors

Chief Court upheld the order of the Trial Court

National Identity Card (CNIC), issued by the National Data Base and Registration Authority (NADRA) had been deliberately concealed by accused

National Identity Card showed that age of accused was 18 years at the time of commission of alleged offence, which had been verified by 'NADRA'

Order of the Chief Court was set aside, in circumstances.

Accused had challenged order of the Trial Court, whereby his application for submission of challan in terms of Juvenile Justice System Ordinance, 2000 had been turned down

Medical Board had opined that at the time of examination of accused his age was 18 to 19 years

For availing benefit of Juvenile Justice System Ordinance, 2000, accused was required to raise said issue at the investigation stage, and later on before the Trial Court

Accused raised said issue before the Trial Court, which was required to proceed under S.7 of Juvenile Justice System Ordinance, 2000

Trial Court would enquire into the matter for determination of age of accused, and medical report would be part of that enquiry and not a conclusive proof thereof

Evidence in proof of plea raised by accused, was to be led by accused in accordance with law during enquiry; in which the prosecution was to be afforded ample opportunity of cross-examination of the witnesses to test sanctity and genuineness of the documents and credibility of oral evidence

Opinion of the Medical Board would be a piece of evidence and not final and sole proof of the minority of accused, and that too would be led in evidence for determination of the age of accused

If same was objected to by the prosecution, it could call the author of the report for cross-examination

While disposing of the petition High Court directed that in case accused was pressing his plea with regard to his minority, he may substantiate the same before the Trial Court in the light of guidelines provided by the High Court.

Contentions of accused were that at the time of occurrence his age was less than eighteen years and that he being minor his case fell under the Juvenile Justice System Ordinance, 2000

School Leaving Certificate and National Identity Card of accused produced in the court, showed that accused at the time of occurrence was less than eighteen years of age

Accused being below the age of eighteen years, his trial had to be conducted under the Juvenile Justice System Ordinance, 2000

Conviction and sentence recorded against accused by the Trial Court were set aside; and treating accused an under trial prisoner, his case was sent to the Trial Court for de novo trial, after observing/fulfilling all the requisite formalities under the Juvenile Justice System Ordinance.

If accused is less than 18 years of age, sentence of death is converted into imprisonment for life.