JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Appeal.No.S-147 of 2019.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of main case.

07.02.2022

                        Mr. Habibullah Ghouri, Advocate for the appellant.

                        Mr. Ali Anwar Kandhro, Addl.P.G for the State.

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IRSHAD ALI SHAH, J.- The facts in brief necessary for disposal of instant criminal appeal are that it is alleged that the appellant with rest of the culprits by committing trespass into house of complainant Sadaruddin abducted his sister Mst.Kainat, aged about 17/18 years, with intention to subject her to rape for that the present case was registered. On due trial, the appellant was found guilty for the above said offence and was convicted and sentenced to various terms spreading over imprisonment for life with fine, by learned 1^st Additional Sessions  Judge/MCTC, Qamber, vide judgment dated 07.12.2019, which is impugned by the appellant before this Court by preferring the instant criminal appeal.

                        It is contended by learned counsel for the appellant that the entire evidence with statement of appellant under section 342 Cr.PC has been recorded in one go and the evidence of I.O/SIP Muhammad Saffar has remained inconclusive, in that way, the appellant has been denied right of fair trial.          By contending so, he sought for remand of the matter.

                        None has appeared on behalf of the complainant to advance arguments. However, learned Addl.P.G for the State was not able to controvert the contention of learned counsel of for the appellant.

                        I have considered the above arguments and perused the record.

                        On perusal of record, it transpires that initially the interim charge sheet against the appellant was submitted by the police, subsequently, the police sought for time to recover the abductee and to complete the investigation and submit the final charge sheet. It was denied and interim charge sheet already submitted by the police against the appellant was treated to be final one by learned trial Magistrate vide order dated 18.03.2019. By such act, right of fair investigation was denied not only to the police/prosecution but to the appellant. At trial, no counsel was engaged by the appellant to defend him, yet the charge for the said offence was framed against him. It was an offence, which was entailing the imprisonment for life with fine; therefore, the learned trial Court ought not to have framed the charge against the appellant in absence of his counsel. By such omission, the appellant was prejudiced in his defence at the very initial stage of trial.

                        Consequent upon above discussion, the conviction and sentence recorded against the appellant by way of impugned judgment are set aside, with direction to learned trial Court to call for final charge sheet of the case, provide its copies to the appellant, frame charge against him afresh in presence of his counsel and then to proceed with the case against him denovo,                   in accordance with law.

                        The instant criminal appeal is disposed of accordingly.

JUDGE