KARACHI: SHC orders retrial due to improper evidence
By Our Staff Reporter
KARACHI, Feb 20: A trial conducted in contravention of the prescribed mode and manner of recording evidence is no trial in the eyes of law, a division bench of the Sindh High Court observed on Thursday while sending two cases back to an anti-terrorism court for retrial.
Syed Kashif Ali alias Shirin and Muhammad Tanveer alias Chand were picked up by the police in Liaquatabad and were charged with carrying two unlicensed Kalashnikovs. They were sent up for trial separately and convicted and sentenced to five years’ rigorous imprisonment by the same ATC under section 13-D of the Arms Ordinance.
The conviction and sentences were challenged and the appeals were heard by Justice Shabbir Ahmed and Justice Azizullah M. Memon. The bench noted in its judgment that the charge framed against Kashif Ali did not contain the ingredients of Clause ‘D’ of section 13-D of the Arms Ordinance. Nor was any explanation obtained from him at the time of his examination under section 340 (2) of the Criminal Procedure Code about the incriminating evidence of the firearm recovered from him being unlicensed. An acquittal was, however, not warranted on technical grounds. The framing of charge was the duty of the court and the prosecution should not be allowed to suffer on that account.
The illegality that vitiated both the trials, the bench pointed out, was that evidence was recorded in Kashif’s case only and was reproduced word for word in Tanveer’s case. Referring to section 356 (1) of CrPC, the bench observed that the statements of all the witnesses were to be taken in full in each case separately. Copying of the statement of a witness in one case from another in any manner constituted “a grave and serious infringement of the mandatory provisions of section 356 of CrPC,” it observed.
Setting aside the judgments in both cases, the bench remanded them to the ATC for proceedings in accordance with the law. The accused appellants, who are in custody, may move the trial court for bail and the court may examine their pleas pending the trial, “which is expected to conclude within six months,” the bench further observed.
BAIL GRANTED: The same bench granted bail to two officers of Muslim Commercial Bank in the sum of Rs4.09 million each. The officers are Syed A. Mughal, former manager MCB, Clifton Branch, Karachi, and Khwaja Rashiduddin, an officer of the same branch. They are standing trial under sections 420, 468, 471 and 109 of PPC and section 5 (2) of the Prevention of Corruption Act (PCA).
The bench issued notices to a deputy attorney-general on the bail applications of UBL’s Khurshid Hasan Burney, Mehtab Alam and Aminuddin. They have also been charged under the provisions of PPC and PCA.
