' KHAWAJA MUHAMMAD SHARIF, J.--- In continuation of my earlier order, dated 31-8-2005, learned counsel for the complainant submits that according to the police record the petitioner was 20/21 years of age at the time of occurrence, no reliance can be placed on the report of the Medical Board and the School Leaving Certificate, according to the Birth Certificate petitioner was more than 21 years of age and petitioner was major for all intents and purposes.
2. On the other hand, Ch. Muhammad Hanif Khatana, the learned Additional Advocate-General Punjab, submits that according to the School Leaving Certificate issued by the Government Islamia High School, Jhang Saddar petitioner's date of birth is 15-5-1988 while according to the Birth Certificate of Union Council No,118, Tehsil Shorkot, District Jhang, his date of birth is 30-4-1984; that as per report of the said Union Council, annexed with this petition, there is no record of petitioner's birth; that so far as School Leaving Certificate is concerned it also appears to be a fake and forged one; that it is very sad that on the basis of forged and fake documents either the complainant party or the accused party manage to get the persons declared as major or minor which tendency, if not stopped, shall continue to affect the cases of either party and that, to be fair to him, according to the Medical Certificate, petitioner is minor.
3. I have heard learned counsel for the parties, have given consideration to the submissions made at the bar and the relevant provisions of law.
4. The occurrence in this case had taken place on 9-4-2004. A dispute regarding the age of the petitioner Sanaullah arose between both the parties before the learned trial Court in consequence whereof he referred the matter to the Medical Board for determination of age of the petitioner. The Medical Board consisting of six senior doctors of the D.H.Q. Hospital, Jhang, vide report dated 30th June, 2005, have unanimously given opinion that the age of the petitioner, on the date of report, was "seventeen to eighteen years" meaning thereby that on the day of occurrence i,e, on 9-4-2004 petitioner was "sixteen to seventeen years" and was a juvenile" in view of the Juvenile Justice Systems Ordinance, 2000. This Court is unable to understand that if as per report of the Medical Board, the petitioner as minor on the day of occurrence then the observation of the learned Additional Sessions Judge to the contrary was not only against the mandatory provisions of the Juvenile Justice Systems Ordinance, 2000 but also against the settled principles of the Superior Courts of the country. Section 7 of the Juvenile Justice Systems Ordinance, 2000 reads as under:-- "7. Determination of age.--- If a question arises as to whether a person before it is a child for the purpose of this Ordinance, the Juvenile Court shall record a finding after such inquiry shall include a medical report for determination of the age of the child."
5. The matter of determination of age of an accused, in a criminal trial, came up for consideration before the apex Court of the country in the judicial hierarchy in a recently delivered judgment reported in Sultan Ahmad v. Additional Sessions Judge-I, Mianwali and 2 others PLD 2004 SC. 758, wherein, at page 767, the august Supreme Court of Pakistan commented as under:-- "24. .... We know it by now from the judicial precedents that the purpose of holding an inquiry, amongst others, is to determine the existence or non-existence of a fact or the falsity or correctness thereof and further that an inquiry is a judicial proceeding in which evidence could be legally taken. Therefore, whenever a Court is confronted with the question of the age of an accused person, it is incumbent upon it to hold an inquiry and the learned Presiding Officers should always feel free to requisition the original record; to summon and examine the authors and the custodians of such record and documents to determine the genuineness of the same; to summon persons, if need be, who on account of some special knowledge, could depose about the age of the concerned accused person and to take such other and further steps which could help the Court in reaching a just conclusion about the age of the concerned accused person and to take such other and further steps which would help the Court in reaching a just conclusion about the said matter.
As has been mentioned above, the issue about the age of an accused person at a trial which could result in a punishment of death was now of vital significance and the learned Presiding Officers should never hasten to decide the said issue in summary or in a slipshod manner.
25. Medical report about the age of an accused person was a further aid placed at the disposal of a Court of law for the purpose of determining the age of an accused person. The opinion of medical experts could offer a valuable guide to a learned Presiding Officer in resolving the controversy in issue. The impression that an ossification test could be ordered only as a last resort, was not correct and thus not legally tenable. The reluctance of the Courts to benefit from such a mandated material was not understandable. Therefore, whenever, a question of the age of an accused person is raised or arises, he must be subjected to a medical test unless strong reasons existed or could be offered for not doing so. Such is the only course which is in accord with the provisions of section 7 of Ordinance XXII of 2000 which command that " such inquiry shall include a Medical Report for Determination of the age" (Emphasis is ours).
6. In the afore-referred circumstances, this revision petition is allowed, the impugned order, dated 14-7-2005 passed by the learned Additional Sessions Judge, Shorkot, Jhang is set aside and the petitioner is declared to be juvenile under the Juvenile Justice Systems Ordinance, 2000 and his case shall be tried as such.
7. I note that the mandatory provisions of the law on the subject and the principles settled by the Honourable Supreme Court of Pakistan are being ignored and overlooked by the learned Presiding Officers while deciding a dispute regarding age of an accused. So, keeping in view the mandatory provision of section 7 of the Juvenile Justice Systems Ordinance, 2000 and following the dictum laid down by the august Supreme Court of Pakistan in Sultan Ahmad's case (supra), a copy of this order shall be sent to Mr. Shafique Ahmad Chaudhry, Additional Sessions Judge, Shorkot, Jhang, to ascertain genuineness or otherwise of the Birth Certificate and School Leaving Certificate produced before him during the trial and then take action the delinquents as provided under the law of the land. As the matter is a serious one as due to overlooking or lack of knowledge of the learned Presiding Officers, the trials of the concerned parties are likely to be affected, therefore, before parting with the matter, a copy of this order may be placed before my Lord Honourable the Chief Justice to see desirability of sending copies of this order to all the learned District and Sessions Judges in the Punjab for guidance of the learned Presiding Officers.