Imran Haider vs State Ss — 2025 PCrLJ 482 LAHORE-HIGH-COURT-LAHORE

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Imran Haider VS State Ss. 302, 363, 375-a & 34---Qatl-i-amd, kidnapping, gang rape, common intention---Juvenility, question of---Documentary evidence, reliance upon---application filed by accused for declaring him juvenile was allowed---Validity---When respondent/accused had produced two authentic documents i.e. Form-B issued by NaDRa and Birth Certificate, then said documents should be given preference over the School Leaving Certificate issued by a private school and produced by the petitioner---Question of juvenility should be first decided in the light of documentary evidence and only in the absence of such documents, controversy of age could be resolved through ossification test---Neither the Station House Officer nor the Investigating Officer or area Magistrate had acted in accordance with law---Mere fact that respondent/accused did not claim himself to be a juvenile during the process of investigation as well as before the area Magistrate, was not a valid ground to oust him from claiming the relief before the Trial Court at the time of his trial---Record evinced that after framing of charge on 16.10.2023, respondent/accused submitted application before the Trial Court on 02.11.2023 for declaring him juvenile, therefore, the Trial Court was quite competent to entertain and decide the application of accused/respondent---according to birth certificate of accused/respondent, his date of birth was 20.05.2006 which was entered in the record of Union Council on 30.05.2006, i.e. after ten days of his birth---Similarly, his Form-B was issued by NaDRa on 03.10.2016 whereas the incident in the present case took place on 26.05.2023---Both the said documents were much prior to the date of occurrence---Furthermore, even if it was presumed that there were contradictory documents qua the age of accused/respondent, i.e. birth certificate, Form-B issued by NaDRa in favor of accused/respondent and the school leaving certificate relied upon by petitioner, principle of criminal jurisdiction was that in case where two views relating to the age of accused were possible, the view in favour of the accused was normally to be accepted---Criminal revision was dismissed, in circumstances.

Imran Haider vs State Ss — 2025 PCrLJ 482 LAHORE-HIGH-COURT-LAHORE

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