The Lahore High Court has overturned a sessions court decision that treated an accused as an adult. The sessions court had relied on a medical board’s assessment while determining the accused’s age.
However, the high court directed the trial court to reconsider the matter according to the applicable law. The ruling also stressed the legal protections available to accused persons who are under 18.
LHC Orders Fresh Age Determination
The Lahore High Court set aside the sessions court’s decision regarding the accused’s age. It directed the trial court to hear all parties before issuing a fresh order.
The court further ordered that the matter be considered under the Juvenile Justice System. Therefore, the trial court must reassess the accused’s age while keeping relevant legal provisions in view.
Under-18 Accused Considered Children
The high court observed that a person below 18 is considered a child under Islamic and international law. It also highlighted the principles that apply when cases involve juvenile accused.
According to the court, such cases involve considerations of leniency, rehabilitation and welfare. The observation places these principles at the centre of the fresh determination ordered by the court.
Trial Court Asked to Follow Juvenile Justice Principles
The Lahore High Court directed the trial court to determine the accused’s age again. The court said the relevant legal provisions must guide that determination.
At the same time, the trial court must consider the principles of juvenile justice while passing its fresh order. The high court’s decision therefore sends the age-related matter back to the trial court for reconsideration.
The fresh proceedings will require the court to hear all parties before determining the accused’s status under the applicable law.
Ultimately, the Lahore High Court has made clear that the accused’s age must be assessed within the legal framework governing juvenile cases.
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