00.00.0000.
Present: Accused
Abu Jan in custody whereas; accused Shanu on bail alongwith their counsel.
Learned Public Prosecutor for the State.
Arguments on application for
declaring accused Abu Jan as juvenile
(minor) heard. Record perused.
ORDER.
The
learned counsel for the accused Abu Jan has contended that this case was
registered on 08.04.2013, under Sec.302, 148, 149, PPC, wherein, the
petitioner/accused and the co-accused Shanu were implicated in this case by way
of supplementary statement on 22.06.2013.
That as per School Certificate (copy of which is appended with
the petition), the petitioner’s date of birth is 15.03.1996, meaning thereby,
on the day of alleged occurrence, his age was 17 years and 3 months and in this
way, he was juvenile at that time and is to be tried under Juvenile Justice System Ordinance.
2. All this was vehemently opposed by
learned Public Prosecutor for the State,
duly assisted by learned counsel for the complainant by saying that ground of
juvenility was never ever agitated by the accused/petitioner earlier and now he
has filed this petition just to hamper the proceedings of case. Even, at the
time of his application for post arrest bail, which was filed in this Court on
08.10.2013, no such plea was taken, nor the same was treated by him, when he
was produced before learned Area Magistrate and when appeared before the I.O.,
hence, petition merits dismissal.
3. So what, there
is no solid evidence is available on the file on behalf of
prosecution/complainant, on the basis of which, they could rebut the copy of
school certificate, produced by the petitioner/accused, in this regard. Be that may, just to determine the actual date
of birth and in the interest of justice, the petition is disposed of with the
terms that the matter of juvenility of petitioner/accused will be determined
after his getting medical examination by Medical Board, hence, Robkar (notice) be
issued to the Medical Superintendent of DHQ Hospital, Faisalabad with the
direction to constitute a Board for ossification test and other tests,
available with him, to determine the age of Abu Jan accused/petitioner and
submit his report at the earliest. A Robkar (notice)
be also issued to the Superintendent of
Borstal Jail, XYZ ( a jail where minor accused/convict are detained) to produce
the above said accused before Medical Board, accordingly.
Now to
come up for awaiting report of Medical Superintendent on 24.02.0000.
Announced:
00.00.0000.
Judge
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