MUHAMMAD ISHAQ vs MUHAMMAD NADEEM and another
This petition for leave to appeal was filed by the petitioner, Muhammad Ishaq, challenging an order of the High Court of Sindh, which had dismissed a Criminal Transfer Application filed under Section 526 of the Code of Criminal Procedure 1898. The core legal question concerned the evidentiary value of official documents, specifically birth certificates and educational records, in determining the age of an accused for the purpose of establishing juvenile status. The petitioner contended that the respondent's date of birth, as reflected in his school leaving and domicile certificates, was incorrect and that he was over 20 years of age at the time of the alleged murder. The Supreme Court upheld the High Court's decision, affirming that where official birth certificates and educational records are available, they must be relied upon unless proven fraudulent or bogus. The Court held that if a party disputes the validity of such documents, the challenge must be raised before the trial court rather than through a transfer application. Consequently, the Court refused leave to appeal, confirming the transfer of the case to the juvenile jurisdiction.
- Are birth certificates and educational records regarding an accused's age to be relied upon in the absence of proof that they are fraudulent?
- Is a criminal transfer application under Section 526 of the Code of Criminal Procedure 1898 the appropriate forum to challenge the validity of an accused's birth certificate?
- Must disputes regarding the genuineness of an accused's birth certificate be adjudicated before the trial court?
- Section 526, Code of Criminal Procedure 1898
' NAZIM HUSSAIN SIDDIQUI, J.---Petitioner Muhammad Ishaq, has impugned the order, dated 26-3- 2001 of a learned Division Bench, High Court of Sindh, Karachi, passed in Criminal Transfer Application No,26 of 2000 and the relevant portion of it is as follows:-- ' "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. It is contended on behalf of the petitioner that in birth certificate, school leaving certificate and domicile certificate of respondent No,1, his date of birth shown as 2-5-1983 was incorrect and in any case he (respondent No,1) was more than 20 years on 10-3-1999, when the offence of murder was committed, which was registered at Garden Police Station, Karachi as per F.I.R. No,51 of 1999.
3. We are not satisfied with above argument and hold that view taken by learned Division Bench, under the circumstances, is proper. The case was rightly transferred to the Court assigned the jurisdiction of juvenile offenders.
4. In consequence, leave to appeal is refused and the petition is dismissed.
Leave to .
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