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