14 August 2004	Saturday	27 Jamadi-us-Saani 1425

KARACHI, Aug 13: Justice Azizullah Memon of the Sindh High Court set aside the conviction of Sabir Hussain in a dacoity case and sent back his case for retrial.

The court ordered the trial court to frame a fresh charge against the appellant and proceed the case strictly as directed by the relevant provision of law within four months.

Sabir was sentenced to eight years' rigorous imprisonment with a fine of Rs50,000 by the additional district and sessions judge (Central) on Nov 22, 2002. Co-accused Gul Hasan, Habib Hussain and Rafiq Hussain were, however, acquitted by the trial court.

They were prosecuted on the charge of committing a dacoity in the Soneri Bank's Ayesha Manzil branch on March 27, 1998. According to the prosecution, the appellant, who was a security guard in the bank, in collaboration with the co-accused looted Rs4 million, including foreign currencies and prize bonds, from the bank.

An appeal against the conviction was filed and the court was requested to set aside the conviction. After hearing the arguments from both sides, the court observed that the trial court failed to properly draft the statement under section 342 CrPC during the trial inasmuch as necessary details of the evidence produced against the accused by the prosecution had not been incorporated therein. - PPI