IN THE HIGH COURT OF SINDH, AT KARACHI
Criminal Jail Appeal No. 93 of 2021
Appellant: Muhammad
Nadeem through Mr. Muhammad Kamran Shabbir and Syed Saleem Ahmed advocates
The State: Through
Mr. Siraj Khan Chandio,
Additional Prosecutor General Sindh
Date of hearing: 02.12.2022
Date of judgment: 02.12.2022
J U D G M E N T
IRSHAD ALI SHAH, J- It is alleged that the appellant with rest of
the culprits abducted Mst. Rimsha and then subjected
her to rape, for that the present case was registered. On conclusion of trial,
co-accused Imran, Jahanghir and Mst. Sonia were
acquitted, while the appellant was convicted u/s 365-B PPC PPC
and sentenced to undergo rigorous imprisonment for life and to pay fine of
Rs.200,000/- and in default whereof to undergo simple imprisonment for 06
months; he was further convicted under section 376 PPC and sentenced to undergo
rigorous imprisonment for 10 years with fine of Rs.200,000/- and in default
whereof to undergo simple imprisonment for 06 months (without recording as to
all the sentences were to run concurrently or consequently) however, benefit of
section 382(b) Cr.P.C was extended to the appellant
by learned Xth-Additional Sessions Judge, Karachi
West, vide judgment dated 13.01.2021, which is impugned by the appellant before
this court by preferring the instant jail appeal.
2. At the very outset, it is pointed out by
learned counsel for the appellant and learned Addl. P.G for the state that
evidence of Dr. Rubina Hassan has been recorded in absence of counsel for the
appellant, which ought to have been recorded only in presence of his counsel as
is mandated by Circular 6 of Chapter VI of Federal Capital and Sindh Courts
Criminal Circulars as the offence alleged against the appellant is entailing
capital punishment. By pointing so, they suggested for remand of the case for
recording evidence of above said witness in according with law. In support of
their suggestion, they relied upon case of Bashir
Ahmed vs. The State (SBLR 2021 Sindh
112).
3. Heard arguments and perused the record.
4. The suggestion so advanced by learned
counsel for the parties takes support from the record, therefore, the impugned
judgment only to the extent of the appellant is set aside with direction to
learned trial Court to recall and re-examine above named medical officer
strictly in accordance with law and then to make disposal of the case afresh
without being influenced by earlier findings, preferably within 03 months after
receipt of copy of this judgment.
5. Instant appeal is disposed of
accordingly.
JUDGE