IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Appeal No. 284 of 2014

Appellant: Murad Bux through Mr. Muhammad Haroon Sheikh advocate

The State: Through Mr. Khadim Hussain, Additional Prosecutor General Sindh

Date of hearing: 19.10.2022

Date of judgment: 19.10.2022

J U D G M E N T

IRSHAD ALI SHAH, J- The facts in brief necessary for disposal of the instant appeal are that complainant Mst. Niazmin and the appellant are brother/sister inter-se, after death of their father, their arose a dispute between them and others over inheritance of property. Probably, in order to create pressure against the appellant to settle such dispute, the complainant moved an application with Special Judge Anti-Corruption (Provincial) Karachi, for prosecution of the appellant for having got himself appointed as a police constable, on the basis of forged matric certificate. Such complaint was assigned for inquiry to Anti-Corruption Establishment at Karachi. Inquiry report was furnished by Mr. Javed Iqbal, Inspector Anti-Corruption Establishment Karachi, concluding therein that appointment of the appellant as Police Constable was on the basis of fake matric certificate. On the basis of such inquiry report, learned Special Judge, Anti-Corruption (Provincial), Karachi took cognizance of the incident against the appellant for having committed an offence punishable under Sections 420/468/471 PPC r/w Section 5(2) Act of 1947. The appellant joined the trial, he was charged for having usurped the property of his brother/sister and mother. Such dispute being civil in nature was not within competence of learned Special Judge Anti-Corruption (Provincial) Karachi to have been resolved by framing a charge to that extent against the appellant. The appellant was further charged for having got him appointed as a Police Constable, on the basis fake matric certificate. On denial of charge, the complainant and her witnesses were examined. Mr. Javed Iqbal, the Inspector Anti-Corruption Establishment, Karachi, though was examined, but the inquiry report furnished by him, on the basis whereof the cognizance of the offence was taken was neither exhibited in evidence through him nor was the appellant confronted with the same during course of his examination under Section 342 Cr.P.C. On conclusion of trial, the appellant was convicted and sentenced accordingly by learned Special Judge, Anticorruption (Provincial) Karachi by way of judgment dated 16.10.2016, which is impugned by the appellant before this Court by preferring the instant appeal. The appellant by way of omissions as are detailed above, has obviously been prejudiced in his defence seriously, which has occasioned in failure of justice, incurable in terms of Section 537 Cr.P.C. Perhaps in that context, learned counsel for the appellant and learned Addl. P.G for the state have sought for setting aside of the impugned judgment with direction to learned trial Court to conduct denovo trial of the appellant as per law. It is ordered accordingly. The appellant may join trial on furnishing fresh surety in the sum of Rs.50,000/- and P.R bond in the like amount to the satisfaction of learned trial Court.

2. The instant Appeal is disposed of accordingly.

JUDGE