1. The case against accused/respondent No. l Muhammad Nadeem was pending in the Court of IIIrd Additional Sessions Judge, Karachi (South), who transferred the same to the Court of 1st Additional Sessions Judge, Karachi (South) on the ground that accused/respondent No. l Muhammad Nadeem was a juvenile offender and his case was to proceed in accordance with the Juvenile Justice System Ordinance, 2000. It is the case of the applicant that IIIrd Additional Sessions Judge, Karachi (South) had wrongly transferred the case to the Court of 1st Additional Sessions Judge, Karachi (South) inasmuch as accused/respondent No. l Muhammad Nadeem was not a juvenile at the time of commission of the offence in view of the reports of the Police Surgeon and the Medical Board. It may be noted that copies of the birth certificate and certificates issued by the Educational Institution are available on record and it is not known as to why in the presence of such material, accused/respondent No.1 Muhammad Nadeem was referred to the Police Surgeon and the Medical Board for determining his age. It is a settled law that where birth certificate and other documents issued by the Educational Institution giving the date of birth of an accused are available on record then unless such certificates are held to be fraudulent and/or bogus, they are to be relied upon. If the complainant/applicant did not feel satisfied with the genuineness and validity of the birth certificate and other certificates issued by the Educational Institution, then he ought to have challenged the' same before the trial Court and filing of this transfer application under', section 526, Cr.P.C. In this Court was not warranted.
2. H.B.T./M-165/K