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Petitioner: AHMAD ALI VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Khawaja Muhammad Sharif Title: AHMAD ALI vs THE STATE Case No.: Criminal Revision No-108 of 2001 Date of Judgment:2001-03-01 Reported As: 2001 MLD 1191 Result: Order accordingly
Judgment ORDER 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.