JUDGMENT SHEET
IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
Criminal Appeal.No.S-65 of 2020.
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DATE ORDER WITH SIGNATURE OF HON’BLE JUDGE
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For hearing of main case.
22.11.2021
Mr. Habibullah Ghouri, Advocate for the appellants.
Mr. Muhammad Akram Kamboh, Advocate for complainant.
Mr. Ali Anwar Kandhro, Addl. Prosecutor General for the State.
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IRSHAD ALI SHAH, J.- The appellants by preferring the instant criminal appeal have impugned judgment dated 10.10.2020, passed by learned 1st Additional Sessions Judge/MCTC/GBVC, Kamber, whereby they for abducting Mst.Seema from her house and subjecting her to rape have been convicted and sentenced to various terms.
On perusal of record, it reveals that the appellants have been arrested by ASI Azhar Iqbal of P.S, Maripur Karachi, and on arrest from them, he has recovered the alleged abductee, who then as per abductee was produced by him before the Court at Karachi. He being star witness to prove the arrest and recovery has not been examined by the prosecution. His non examination obviously has prejudiced the appellants seriously in their defence, which is contrary to the mandate contained by Article 10-A of the Constitution of Islamic Republic of Pakistan, 1973.
Learned counsel for the parties when confronted with above proposition, were fair enough to consent for remand of the case to learned trial Court for examination of ASI Azhar Iqbal of P.S Maripur Karachi, in order to provide fair chance to appellants to defend them.
In view of above, the impugned judgment to the extent of appellants is set aside with direction to learned trial Court to examine ASI Azhar Iqbal of P.S Maripur, Karachi, and then to dispose of the case against the appellants afresh, in accordance with law, preferably within two months, after receipt of copy of this judgment.
The instant criminal appeal is disposed of accordingly.
JUDGE