Section 8 of JJSA 2018 used word „inquiry‟ to determine the age of person on the basis of birth certificate, educational certificate or any other document, primarily to be made by the police and then by Magistrate before order for further detention. It is trite that object of the inquiry is to (naeem)determine the truth or falsity of certain facts in order to take further action thereon.
Thus, documents primary or secondary, in support of age of accused, shall be not be accepted at the whims of the parties without verification but on the touchstone of admissibility rules contained in the Order.
Firstly, Let‟s see the requirement of section 8 ibid, which says that „in the absence of documents‟, age of accused may (naeem)be determined on the basis of a medical examination report. Absence of documents does not mean that there is no document at all rather it means absence of authentic, correct & true documents as admissible in evidence. Inquiry for age determination is like a voir dire process (trial within trial) which cannot be left at the mercy of police. Enactment of section 8 ibid requires the police to collect material for and against claim of juvenility to save precious time of the Courts so as to avoid unnecessary entangling in summoning of stary records on the applications of the parties, as was (naeem)the requirement of section-7 of erstwhile law i.e., Juvenile Justice System Ordinance 2000. Thus, once the police opinion is made available to the Court with documentary proof or with medical examination report, it becomes easy for it to conduct a prompt inquiry for early determination of age of accused which earlier takes months to reach out. This beneficial provision requires that concerned Court on receiving Juvenile-challan shall start inquiry to check the veracity of material through the process of verification while calling reports from concerned public offices or school with authorized (naeem)persons as witnesses whose testimonies shall be recorded in chief with cross examination and then the Court shall pass an order.
Every accused who is under the charge of murder is liable to sentence of death if the case stands proved, therefore, to avoid death penalty accused is duty bound to prove his claim of being juvenile on the basis of true documents and burden of proof lies on him.
Crl. Revision.56647/24
Kamran Mushtaq Vs The State etc.
Mr. Justice Muhammad Amjad Rafiq
08-11-2024
2024 LHC 5222
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