JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Jail Appeal.No.D-12 of 2016.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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Before:

Mr. Justice Irshad Ali Shah,

 Mr. Justice Shamsuddin Abbasi,

For hearing of main case.

04.01.2022

                        Mr. Muhammad Afzal Jagirani, Advocate for the appellants.

Mr. Habibullah Ghouri, holding brief for learned counsel                         for the complainant.

Mr. Aitbar Ali Bullo, Deputy Prosecutor General for the State.

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IRSHAD ALI SHAH, J;- The appellants by way of instant criminal jail appeal have impugned judgment dated 10.03.2016, whereby, they have been convicted and sentenced to various terms by learned Judge, Anti Terrorism Court, Kashmore @ Kandhkot.

2.                    Facts in brief necessary for disposal of instant criminal jail appeal are that the appellants allegedly in furtherance of their common intention, kidnapped baby Zeenat aged about 07 years, for ransom and then killed her due to non-payment of ransom, then misappropriated her gold ear-rings and then thrown her dead body in a street by side of Masjid adjacent to Madersah Darul Fayuz, in order to save themselves from legal consequences, for that they were booked and reported upon accordingly by the police.

3.                    The form of charge is provided under section 221 Cr.PC; which in fact is a gist of the whole case. The purpose of charge is to tell the charge as precisely and concisely the nature of offence for which he is charge. Rational for laying down the detail procedure for framing of charge is that the accused should know the nature of accusation so that he may give a proper reply and is not misled by the vagueness in the said accusation. Spectrum of charge should be such that all eventualities and exigencies till the conclusion of the trial can be made with the cautious that no prejudice is caused to the accused, in any way.

4.                    The charge, so framed against the appellants in the instant case does not contain the whole accusation which is made against them. Prima facie, it was alleged against the appellants that they misappropriated the gold ear-rings after committing death of baby Zeenat and then thrown her dead body in a street by the side of Masjid near to Madersah Darul Fayuz, in order to save themselves from the legal consequences; such allegation besides others, was constituting offence(s) punishable u/s.403 and 201 PPC, for that no charge was framed against them. Such omission (in charge), not curable under section 535 Cr.PC has occasioned in failure of justice, obviously.

5.                    Learned counsel for the appellants and learned Addl.A.G for the State including the one who is holding brief for learned counsel for the complainant, when were confronted with above omission, were fair enough to consent for remand of the case for denovo trial.

6.                    In view of above, the conviction and sentence recorded against the appellants by way of impugned judgment are set-aside with direction to learned trial Court to frame the charge against the appellants strictly on the basis of material collected against them by the prosecution at trial and then to proceed with the case afresh in accordance with law.

7.                    The instant Criminal Jail Appeal is disposed of accordingly.

                         JUDGE  

 JUDGE