State vs SAQIB HUSSAIN Ss — 2025 PLD 657 LAHORE-HIGH-COURT-LAHORE

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State VS SAQIB HUSSAIN Ss. 341, 465 & 466---Penal Code (XLV of 1860), Ss. 302(b), 376 & 201---Qatl-i-amd, rape, causing disappearance of evidence of an offence or giving false information to screen an offender---Appreciation of evidence---Deaf and dumb accused able to understand court proceedings---Scope---Accused were charged for committing murder of the daughter of complainant by firing---In the present case, Trial Court thought that the principal accused, though not insane, could not be made to understand the proceedings---Validity---Before referring to the reference, the Trial Court did not go through the record, as an enquiry was conducted on the application of principal accused for declaring him a lunatic under Ss. 465 & 466, Cr.P.C---Medical board unanimously opined that there was no active psychiatric morbidity at present and the Trial Court dismissed the application for declaring the accused a lunatic, and after that charge was framed against him---Trial Court observed that the said accused could not speak or listen---However, the Court did not note whether the accused could understand the gestures made to him---It was notable that a joint trial was conducted against the accused and his brother/co-accused---Said accused persons were represented and defended adequately by the advocate of their choice---Proper cross-examination of the witnesses was also carried out on behalf of defence---In such situation, the trial was conducted fairly and a sufficient opportunity to present the case was also afforded to the accused persons, including the principal accused---Trial Court was obliged to ascertain whether the accused could be made to understand the proceedings with the help of his relatives or friends or through technical assistance---If the Trial Court doubted the accused's physical and mental capacities, the procedure prescribed under S. 341, Cr.P.C., should be followed---If the trial proceeds in the ordinary way, the Court can pass a sentence if the accused is found guilty and convicted---However, if it is found that the accused cannot understand the proceedings and trial resulted in conviction, the Trial Court is required to forward the proceedings to the High Court, if the evidence warranted so, but it cannot pass a sentence against him---Trial Court must forward the proceedings to the High Court to pass such orders as the High Court think fit---Unless the accused is insane, the Trial Court can proceed with the trial even though the accused cannot understand the proceedings---Given the circumstances, the Trial Court submitted a reference without complying with the spirit provided under S. 341, Cr.P.C.---Therefore, the matter was remanded to the trial Court to proceed as per the law---Reference was answered in the negative.

State vs SAQIB HUSSAIN Ss — 2025 PLD 657 LAHORE-HIGH-COURT-LAHORE

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