This order will be read in continuation of my order dated 29-7-2002.
2. In reply to the contentions raised by learned counsel for the petitioner noted in my order dated 29-7-2002 that pursuant to the provisions of section 7 of the Juvenile Justice System Ordinance, 2000, it was incumbent upon the learned Additional Sessions Judge to have called a report from the Board of Doctors to determine the age of the accused respondents, learned counsel for respondents 2 and 3 submits that the impugned order of the learned trial Court is perfectly legal, no interference is called for and that there did not exist any such circumstances under which the trial Court was under an obligation to have a report from the Board of Doctors with regard to age of the respondents. According to learned counsel, the learned trial Court had summoned the Investigating Officer of the case and directed to inquire about the genuineness of the birth certificates, which after due verification were found to be genuine.
3. Today, learned counsel for the petitioner has also referred to 2001 M LD 1191 and 2001 PCr.LJ 1939.
4. Mr. Muhammad Jehangir Wahla, learned A.A.-G. Submits that the provisions of sections 7 of the Ordinance being mandatory in nature, it was incumbent upon the trial Court to have the opinion of the Board of Doctors for determining the age of the accused respondents. He submits that after setting aside the impugned order, the matter may be remitted to the trial Court for decision afresh on merits after following the provisions of section 7 of the Ordinance.
5. I have heard learned counsel for the parties and have gone through the record and section 7 of the Juvenile Justice System Ordinance, 2000. For advantage, section 7 is reproduced hereunder: -- "7. Determination of age.---If a question arises as to whether a person before it is child for the purposes of this Ordinance, the Juvenile Court shall record a fording after such inquiry which shall include a medical report for determination of the age of the child. "
A bare perusal of the above-quoted section would show that the provision of having a medical report is mandatory in nature, so it was obligatory for the trial Court to have ordered for constitution of a Medical Board to determine the age of the accused respondents for the purpose of Juvenile Justice System Ordinance, 2000. I am thus fully convinced that the trial Court erred in not getting a report from a Board of Doctors for determination of age of the accused respondents.
In these circumstances, order dated 2-7-2002 passed by learned Additional Sessions Judge, Faisalabad is set aside and the case is remitted back for decision afresh in accordance with law within one month after having a report from a Board of Doctors of Allied Hospital, Faisalabad with regard to age of the accused respondents. This order shall be conveyed to the learned trial Court within a week without fail. The revision petition is allowed in the above terms.