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K.L.R. 2003 Criminal Cases 38

Zaighum Abbas vs The State

CitationK.L.R. 2003 Criminal Cases 38
CourtLahore High Court
Case No.Crl. Misc No. 576 of 2002
Date2002-07-12
Judge(s)Khawaja Muhammad Sharif
ResultCase Remitted

ORDER

KHAWAJA MUHAMMAD SHARIF, J.- ln response to this Court's order dated 26.6.2002, learned counsel for the accused submits that according to opinion of the Medical Board dated 21.3.2002, respondent accused was found to be 20 years of age. He submits that the birth certificate which has now been placed on the record of this revision petition was never a part of the lower Court's record while this contention of learned counsel for the accused is being rebutted by learned counsel for the petitioner.

2. Learned A.A.-G. Submits that in the peculiar facts and circumstances of this case, an inquiry as provided under Section 7 of the Juvenile Justice System Ordinance, 2000 has not been held by the learned Additional Session Judge. He submits that the case may be remanded with direction to the Trial Court to hold a fresh detailed inquiry as required under Section 7 of the Ordinance (ibid) and then to pass a proper order as to trial of the accused by which Court.

3. After hearing the submissions made by learned counsel for the parties and the learned AAG, the order dated 16.4.2002 Passed by the learned Addl. Sessions. Judge is set aside and the case is remitted back to him to hold a fresh detailed inquiry as required under Section 7 of the Juvenile Justice System Ordinance, 2000, take into consideration the oral assertions as well as documentary evidence and then pass a proper order with regard to trial of the case in accordance with law.

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