Declaration of accused as juvenile.
An application has been submitted on behalf of the accused, for determination of his age and for his declaration, being juvenile and for conduct of trial being juvenile offender, as enunciated in Juvenile Justice System Act, 2018.
- In support of his contentions, learned counsel for the accused has produced original birth registration certificate of the accused and result card of 9th class of the accused, issued by Board of Intermediate and Secondary Education (both original documents have been returned after perusing the same copies are annexed). As per both above said documents, the date of birth of the accused is 24.08.2002. The alleged occurrence took place on 10.08.2020. As per section 8 (i) of the Juvenile Justice System Act, 2018:
“The age of the accused is to be determined, on the basis of his birth certificate, educational certificates or any other pertinent documents. In absence of such documents, age of such accused may be determined on the basis of a medical examination report by a medical officer”.
- Since the birth certificate and educational certificate of the accused is available and thus medical examination report by a medical officer, becomes secondary factor.
- As per dictum laid down by the Hon’ble Supreme Court of Pakistan, in a case reported as “Saleem Khan versus the State and others (P L D 2020 Supreme Court 356):
“Determination of age of an accused who appears or claims to be a juvenile, was therefore, initially the statutory responsibility of the Police. In the absence of any inquiry by the police the determination of age and juvenility of the accused could be determined by the court having taken cognizance of the matter”.
- Since as per educational certificate and birth certificate, the age of the accused, at the time of alleged offence, was 17 years, 11 months and 16 days and thus accused is declared as juvenile. The trial of the accused shall be conducted, being juvenile in view of the Juvenile Justice System Act, 2018. SHO concerned is directed to submit separate challan/report under section 173 Cr.P.C of accused Sajjad Hussain, under Juvenile Justice System Act, 2018.