MUHAMMAD ISHAQUE vs MUHAMMAD NADEEM And Another
This matter arose from a transfer application filed by the applicant challenging the order of the IIIrd Additional Sessions Judge, Karachi (South), which transferred a criminal case against the respondent to the Court of 1st Additional Sessions Judge, Karachi (South) on the premise that the respondent was a juvenile offender under the Juvenile Justice System Ordinance, 2000. The applicant contended this transfer was erroneous, arguing that medical reports from the Police Surgeon and a Medical Board indicated the respondent was not a juvenile at the time of the offence. The Court observed that the record already contained a birth certificate and educational institution certificates establishing the respondent's age. The core legal question was whether a court should rely on medical age determination reports when documentary evidence like birth and educational certificates is already available. The Court held that when birth certificates and educational records are available, they must be relied upon unless proven fraudulent or bogus. Consequently, the Court dismissed the transfer application, ruling that the applicant should have challenged the validity of the documents before the trial court rather than seeking a transfer under the Code of Criminal Procedure, 1898.
- Should a court rely on medical age determination reports when birth certificates and educational records are already available on the record?
- Is a transfer application under Section 526 of the Code of Criminal Procedure, 1898, the appropriate remedy to challenge the age determination of an accused based on documentary evidence?
- Under what circumstances should birth certificates and educational certificates regarding an accused's age be disregarded by a trial court?
- Section 526, Code of Criminal Procedure 1898
- Juvenile Justice System Ordinance, 2000
ORDER
1. The case against accused/respondent No. l Muhammad Nadeem was pending in the Court of IIIrd Additional Sessions Judge, Karachi (South), who transferred the same to the Court of 1st Additional Sessions Judge, Karachi (South) on the ground that accused/respondent No. l Muhammad Nadeem was a juvenile offender and his case was to proceed in accordance with the Juvenile Justice System Ordinance, 2000. It is the case of the applicant that IIIrd Additional Sessions Judge, Karachi (South) had wrongly transferred the case to the Court of 1st Additional Sessions Judge, Karachi (South) inasmuch as accused/respondent No. l Muhammad Nadeem was not a juvenile at the time of commission of the offence in view of the reports of the Police Surgeon and the Medical Board. It may be noted that copies of the birth certificate and certificates issued by the Educational Institution are available on record and it is not known as to why in the presence of such material, accused/respondent No.1 Muhammad Nadeem was referred to the Police Surgeon and the Medical Board for determining his age. It is a settled law that where birth certificate and other documents issued by the Educational Institution giving the date of birth of an accused are available on record then unless such certificates are held to be fraudulent and/or bogus, they are to be relied upon. If the complainant/applicant did not feel satisfied with the genuineness and validity of the birth certificate and other certificates issued by the Educational Institution, then he ought to have challenged the' same before the trial Court and filing of this transfer application under', section 526, Cr.P.C. In this Court was not warranted.
2. H.B.T./M-165/K
Cited by 1 case
- MUHAMMAD YOUNIS Versus THE STATE 2002 YLR 2056