O R D E R     S H E E T

IN THE HIGH COURT OF SINDH CIRCUIT COURT LARKANA

Crl. Revision Application No. S- 75    of 2011

 

Date

Order with signature of the Judge

 

 For Katcha Peshi

 

19.4.2012

 

Mr. Khalid Iqbal Memon, advocate for applicant.

Mr. Ahsan Ahmed Quraishi, advocate for complainant.

Mr. Naimatullah Bhurgri, State counsel.

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            The incident subject matter of these proceedings took place on 30.7.2010. Application under section 7 of the Juvenile Justice System Ordinance, 2000 was filed which application has been dismissed by the court below vide impugned order dated 18.10.2012.

            Learned counsel referred to two medical certificates and submitted that if the medical certificates are read in their true perspective, the application should have been allowed by the court below.

            I have considered the submissions made by the learned counsel and have also gone through the record. The first medical certificate is dated 26.11.2010 and it states age of the petitioner (appears to be) 18 years. Thereafter second medical certificate which is dated 15.6.2011 again states his age (appears to be) about 18 to 19 years. Even if, both these ages are taken as correct, as far as first medical certificate is concerned, it was conducted four months after the incident and if the age on the date of medical examination appeared to be 18 years, on the date of incident it must have appeared to be 17 years and 8 months. As far as second medical certificate is concerned, it is dated 15.6.2011 i.e. 11 months after the incident and it stated age to be 18 to 19 years. If eleven months are subtracted the age appears to be between 17 years 1 month and 18 years 1 month. It is settled law that Juvenile Justice System Ordinance is a remedial statute and if in a particular case two interpretations are possible one favouring accused must be adopted. Reference in this regard may be made to Shamaal Khan Shah v. The State ( Crl. Revision No. D-37 of 2011) decided by me on 18.8.2011. Consequently, impugned order dated 18.10.2011 is set aside, application under Section 7 of Juvenile Justice System Ordinance, 2000 is allowed and the applicant is held to be a juvenile on the day of the incident. The trial is ordered to be separated in accordance with the law.

            This criminal revision application is disposed of.

 

 

                                                                                                Judge