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Petitioner: MUHAMMAD ISHAQ VS Respondent: MUHAMMAD NADEEM and another
Court Name: Supreme Court of Pakistan Judge(s): Nazim Hussain Siddiqui, Mian Muhammad Ajmal Title: MUHAMMAD ISHAQ vs MUHAMMAD NADEEM and another Case No.:Criminal Petition No,16-K of 2001 Criminal Transfer Application No,36 of
JUDGMENT
Reported As: 2002 SCMR 440 Result: appeal refused Judgment JUDGMENT ' NAZIM HUSSAIN SIDDIQUI, J.---Petitioner Muhammad Ishaq, has impugned the order, dated 26-3- 2001 of a learned Division Bench, High Court of Sindh, Karachi, passed in Criminal Transfer Application No,26 of 2000 and the relevant portion of it is as follows:-- ' "It is a settled law that where birth certificate and other documents issued by the Educational Institution giving the date of birth of an accused are available on record then unless such certificates are held to be fraudulent and/or bogus, they are to be relied upon. If the complainant/applicant did not feel satisfied with the genuineness and validity of the birth certificate and other certificates issued by the educational institution, then he ought to have challenged the same before the trial Court and filing of this transfer application under section 526, Cr.P.C. In this Court was not warranted." 2. It is contended on behalf of the petitioner that in birth certificate, school leaving certificate and domicile certificate of respondent No,1, his date of birth shown as 2-5-1983 was incorrect and in any case he (respondent No,1) was more than 20 years on 10-3-1999, when the offence of murder was committed, which was registered at Garden Police Station, Karachi as per F.I.R. No,51 of 1999. 3. We are not satisfied with above argument and hold that view taken by learned Division Bench, under the circumstances, is proper. The case was rightly transferred to the Court assigned the jurisdiction of juvenile offenders. 4. In consequence, leave to appeal is refused and the petition is dismissed. Leave to .