IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Appeal No. 379 of 2020

Appellant: Shahid Iqbal through Mr. Saadat Hassan and Ms. Shabnam Jamil advocates

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

Date of hearing: 07.12.2022

Date of judgment: 07.12.2022

J U D G M E N T

IRSHAD ALI SHAH, J- It is alleged that the appellant abducted Mst. Hajiran and then subjected her to rape under deception of being married with her, for that the present case was registered. On conclusion of trial, he was convicted u/s 365-B PPC and sentenced to undergo imprisonment for life with fine of Rs.50,000/- and in default whereof to undergo simple imprisonment for 01 month with benefit of section 382(b) Cr.P.C by learned II-Additional Sessions Judge, Karachi Central vide judgment dated 11.08.2020, 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 almost entire evidence has been recorded by learned trial Court in absence of counsel for the appellant, which was to have been recorded in presence of his counsel in order to meet with the ends of justice as the offence alleged against the appellant was entailing imprisonment for life. By pointing out so, they have suggested for remand of the case for recording evidence of the complainant and his witnesses in presence of the counsel for the appellant.

3. Heard arguments and perused the record.

4. The omission which has been pointed out by learned counsel for the parties takes support from the record. By such omission, the appellant obviously has been denied right of fair trial, which is guaranteed by Article 10-A of the Constitution of Islamic Republic of Pakistan, 1973, consequently, the impugned judgment is set aside with direction to learned trial Court to record evidence of the complainant and his witnesses afresh and in presence of counsel for the appellant to be appointed by him or to be appointed for him on state expenses and then to make disposal of the case afresh and in accordance with law, preferably within 03 months, after receipt of copy of this judgment.

5. Instant appeal is disposed of accordingly.

JUDGE