A Juvenile must be tried under the JJSA, 2018 --- Islamabad High Court, Islamabad Quashes Conviction of Juvenile, Orders Retrial under Juvenile Justice System  

Islamabad 19-02-2025: In a landmark ruling, the Islamabad High Court (IHC) has quashed the conviction, a juvenile offender, and remanded his case for retrial under the Juvenile Justice System Act, 2018 (JJSA). The Court ruled that the trial conducted by the Gender-Based Violence (GBV) Court under the Anti-Rape (Investigation and Trial) Act, 2021 was unlawful due to the accused’s juvenile status.  

The appellant was convicted by the Additional Sessions Judge, Gender-Based Violence (GBV) Court, Islamabad, for offenses under Section 376(iii) (rape of a minor) and Section 377-B (sexual abuse of a child) of the Pakistan Penal Code (PPC). He was sentenced to 10 years of rigorous imprisonment with a fine of Rs. 50,000, failing which he would serve an additional six months of simple imprisonment.   

His conviction was based on the victim’s statement, as forensic evidence was inconclusive. However, during the appeal, it was revealed that convicted was a juvenile at the time of the offense, which raised serious concerns regarding the jurisdiction of the GBV Court over the case.  

During the appeal, juvenile’s counsel argued that:  

1. The prosecution failed to establish guilt beyond reasonable doubt.  
2. The trial violated Section 164(1-A) of the Code of Criminal Procedure (Cr.P.C.), as the victim’s statement was improperly recorded.   
3. The father of the victim (PW-1) forgave the accused and withdrew from prosecution in open Court.  
4. The accused was a juvenile and should have been tried under the Juvenile Justice System Act, 2018 (JJSA).  

The State Counsel countered that the Anti-Rape Act, 2021, under which the case was tried, has overriding effect on other laws and that the GBV Court had jurisdiction over cases involving sexual offenses against minors.  

The Islamabad High Court (IHC), however, disagreed, ruling that a juvenile must be tried under the JJSA, 2018, unless a GBV Court has been expressly designated as a Juvenile Court, which was not the case here.  

The bench, comprising Mr. Justice Miangul Hassan Aurangzeb and Mr. Justice Arbab Muhammad Tahir, observed that:  

1. Juvenile offenders require rehabilitative rather than retributive justice.  
2. The trial in the GBV Court was coram non judice (without jurisdiction) and void.  
3. Juvenile justice prioritizes reintegration into society over punitive measures.  

The judgment cited Supreme Court of Pakistan precedents including:  

1. Mehran Vs. Ubaid Ullah (PLD 2024 SC 843), affirming the need for specialized juvenile Courts.  
2. Khawar Kayani Vs. The State (PLD 2022 SC 551), emphasizing that juvenile justice should focus on rehabilitation.  
3. Syed Mushahid Shah Vs. FIA (2017 SCMR 1218), regarding conflicts between special laws.  

The Court also stressed the importance of the parens patriae doctrine, under which the state acts as a guardian to juveniles, and highlighted Pakistan’s obligations under the United Nations Convention on the Rights of the Child (CRC) and the Beijing Rules for Juvenile Justice.  

Order for Retrial & Systemic Reforms:  

1. The conviction was quashed and the case remanded to a competent Juvenile Court.  
2. The accused was granted bail pending fresh proceedings.  
3. The trial Court was directed to refer the case to the Juvenile Justice Committee for diversion, as per Section 9 of the JJSA, 2018.  

The Islamabad High Court (IHC) directed all lower Courts in Islamabad to review pending cases to ensure juveniles are tried under the appropriate legal framework.

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