IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Jail Appeal No. 332 of 2022

Appellant: Shoukat Ali through Mr. Muhammad Aslam Shahani advocate

The State: Through Mr. Faheem Hussain Panhwar, Deputy Prosecutor and Ms. Shahzana Latif APG

Date of hearing: 29.09.2022

Date of judgment: 29.09.2022

J U D G M E N T

IRSHAD ALI SHAH, J- It is alleged that the appellant subjected Mst. Sidra, a young girl of 14 years, 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 10 years with fine of Rs. 10,000/- and in default whereof to undergo simple imprisonment for 03 months with benefit of section 382-B Cr.P.C by learned II-Additional Sessions Judge Karachi Central, vide judgment dated 23.04.2022, which is impugned by the appellant before this Court by preferring the instant appeal from jail.

2. At the very outset, it is pointed out by learned counsel for the appellant and learned DPG for the state that no final medical certificate with regard to allegation of rape with P.W/victim Mst. Sidra has been produced in evidence while DNA report has been produced by learned ADPP by way of statement before learned trial Court, which ought to have been produced in evidence by recalling and re-examining the Female Medical Officer together with the final medical certificate and no question even otherwise has been put to the appellant during course of his examination u/s 342 Cr.P.C with regard to the DNA report to have his explanation on it, which has prejudiced the appellant in his defence seriously and such omission is not curable under Section 537 Cr.P.C, as it has occasioned in failure of justice. By pointing out so, they suggested for remand of the case for production of final medical certificate and DNA report in evidence in accordance with law.

3. The suggestion advanced by learned counsel for the parties takes support from record, therefore, the impugned judgment is set aside with direction to learned trial Court to recall and re-examine the Female Medical Officer for production of final medical certificate and DNA report and then to record statement of appellant afresh by confronting him the above said documents and then to proceed with the case further in accordance with law and to dispose of the same expeditiously within three months after receipt of copy of this judgment under intimation to this Court.

4. The instant jail appeal is disposed of accordingly.

JUDGE