Discretion of Juvenile Court

Convict was also found in possession of his computerized National Identity Card which could only be issued on attaining the age of 18 years

On the basis of report of Standing Medical Board, convict was around 18 years, and he was referred to the Juvenile Court for trial

Case was registered against convict in 2010 when he was found at the border line of juvenility, whereas at the moment he was no more juvenile

Section 11(b) of the Juvenile Justice Ordinance, 2000, squarely copes with such a situation, stipulating that a child offender could be sent to borstal institution, until he attained the age of 18 years, or for the period of his imprisonment, whichever was earlier

Said statutory provision was clear manifestation of the intention of the Legislature that on attaining the age of 18 years, convict/juvenile, was no more entitled to any such leniency, as he lost his status of juvenile accused in such eventuality

Firstly, release of juvenile convict on probation was a discretionary matter only to be decided by the Juvenile Court, and secondly, the Juvenile Court could not exercise such discretion on extinguishment of the status of the convict as juvenile

Trial Court had turned down the plea of convict on the same ground which was in accordance with law and within the parameters of S.11 of Juvenile Justice System Ordinance, 2000.

Discretion had been vested in the Juvenile Court to release a juvenile on probation, or to send him to borstal institution

Juvenile Court could reduce the period of probation or imprisonment in case the court was satisfied that further imprisonment or probation was necessary

No absolute duty was cast on the Juvenile Court to release the convict in all circumstances on probation

Discretion, vested in the court, was to be exercised justly, fairly, honestly and with all reasonableness and sound application of judicial mind

Court was required to consider all attending circumstances of the case including the behaviour, conduct, aptitude and antecedents of the juvenile convict

Vesting of discretion did not mean release of a juvenile convict in all circumstances, regardless of pre-conditions

Had it been the intention of the Legislature to exercise said discretion in such an arbitrary manner, it could have easily inserted the word "shall" in S.11 of Juvenile Justice System Ordinance, 2000 leaving no room of assessment with the court.