IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Jail Appeal No. 80 of 2020

Appellant: Gulshan through Mr. Iftikhar Ahmed Shah advocate

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

Date of hearing: 28.11.2022

Date of judgment: 28.11.2022

J U D G M E N T

IRSHAD ALI SHAH, J- It is alleged that the appellant subjected Mst. Salma, his own daughter, to rape, for that he was booked and reported upon. On conclusion of trial, he was convicted under Section 376 PPC and sentenced to undergo rigorous imprisonment for 15 years and to pay fine of Rs.200,000/- to Mst. Salma and in default whereof to undergo simple imprisonment for 06 months with benefit of section 382(b) Cr.P.C by learned VI-Additional Sessions Judge, Karachi West, vide judgment dated 05.12.2019, which is impugned by the appellant before this court by preferring the instant 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. Sumiya Syed, Dr. Noor Ahmed who examined the victim and the appellant and P.W Saleem has been recorded in absence of counsel for the appellant, which was 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. By pointing so, they suggested for remand of the case for recording evidence of above said witnesses in presence of counsel for the appellant as the very offence for which he is charged is entailing the punishment of death, imprisonment for life or 10 years. 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 is set aside with direction to learned trial Court to recall and re-examine above named witnesses as prescribed by law and then to make disposal of the case afresh in accordance with law, preferably within 03 months after receipt of copy of this judgment under intimation to this Court.

5. Instant appeal is disposed of accordingly.

JUDGE