1. Through this criminal revision the petitioner challenges the order dated 1.7.2006, passed by the learned Additional Sessions Judge, whereby he turned down petitioner's application for being treated as a juvenile wherein the- petitioner, who is facing trial in case FIR No, 118/2006 dated 12.2.2006 registered with Police Station Sadder Mandi Bahauddin under Sections 302, 324, 377-A(i), 337-F(i), 34 PPC alongwith two other co-accused in the learned of learned Additional Sessions Judge Mandi Bahauddin.
2. 2.During the course of trial the petitioner moved an application before the learned trial Court wherein he submitted that on the date of occurrence i,e, 12.2.2006 he was 16 years of age; that as such he was a child within the meanings of Juvenile Justice System Ordinance, 2002 and needed to be tried by the Juvenile Court. The learned Additional Sessions Judge referred the petitioner to the Medical Superintendent for the determination of his age. The Medical Board opined that he was more than 20 years of age. The learned Additional Sessions Judge vide his impugned order dated 1.7.2006 inter alia observed as under:- Now the ossification report sent by the doctor is left. So far as the report, according to the doctor accused Adeel is more than 16 years and less than 20 years. The Court has left no option other than to ascertain the age of the accused by his appearance. The accused Adeel is present in Court. By his appearance the Accused does not look like a minor. He is well built, matured and having moustaches and apparently look like more than 18 years.-Therefore, the petitioner has not force and substance and is hereby dismissed."
3. 3.It is the aforesaid order dated 1.7.2006, which has been impugned through this criminal revision before this Court.
4. 4.I had issued pre-admission notice to Javed Iqbal/complainant (Respondent No, 2) on 13.7.2006.
5. Mr. M.M. Alam Chaudhry Advocate had appeared for Respondent No, 2 in response to the said pre- admission notice.
6. 5.The case finally came up for arguments on 5.4.2007. On the said date the following order was passed by this Court:- "After addressing lengthy arguments in support of their respective claims, the learned counsel for the parties have reached a consensus. They agree that the petitioner may be referred to Shaukat Khanum. Memorial. Cancer Hospital, Lahore for determination of his age. Expenses for this exercise shall be borne by the petitioner. The petitioner shall present himself before the Administrator Shaukat Khanum Memorial Cancer Hospital, Lahore on or before 10th of April 2007. The Hospital Authorities shall determine the age of the petitioner and send a report to this Court through its Deputy Registrar (Judicial) preferably within seven days of the date on which the petitioner presents himself in the hospital. The learned Addl. Prosecutor-General does not object to this course of action. Relist on 24.4.2007. Copy of this order shall be provided to the petitioner today."
7. 6.The report has been received from Shaukat Khanum Memorial Cancer Hospital Lahore, where the petitioner had been examined on 13.4.2007. The report submitted by the hospital reads as under:- "Bone age by the standards of G & P is around 19 years with a standard deviation of + /= 14.2 months."
8. 7.The occurrence in the case had admittedly taken place on 12.2.2006, whereas date of examination by the hospital is 13.4.2007. Thus it would appear that the petitioner was less than 18 years of age on the day of occurrence. According to the Juvenile Justice System Ordinance 2000, child is a person who at the time of commission of an offence had not attained the age of 18 years.
9. When confronted with the report, Mr. M.M. Alam Chaudhry, the learned counsel for Respondent No, 2 frankly conceded that there is no option but to refer the trial of the petitioner to a Juvenile Court as established under the Juvenile Justice System Ordinance, 2000.
8. Resultantly this petition is allowed and the impugned order of the learned Additional Sessions Judge dated 1.7.2006, is set aside and it is directed that the petitioner will be tried by Juvenile Justice System Ordinance, 2000 as established under the provisions of Juvenile Justice System Ordinance, 2000.
10. There will be no order as to costs.