| Citation(s) |
|---|
| 2025 SLG 1165 2025 SLD 1165 = 2025 LHC 2548 = 2025 PLD 657 |
Reference No.69061 of 2020
AALIA NEELUM, C.J
Date of hearing: 16.04.2025. State by: Mr. Muhammad Akhlaq, Deputy Prosecutor General. Shahzeb D.S.P. Complainant by: Rana Attiq-ur-Rehman, Advocate. Accused by: Mr. Muhammad Khalid Ch. Advocate.
The State
VERSUS
Saqib Hussain
Law: Pakistan Penal Code, 1860
Section: 302, 376, 201,173, 341, 342, 465, 466
Law: Code of Criminal Procedure (CrPC), 1898
Section:
Summary:Mental Fitness
The reference under Section 341 Cr.P.C. was sent by the Additional Sessions Judge, Lahore regarding Saqib Hussain, an accused in FIR No. 325/2013 under Sections 302, 376, and 201 PPC (murder, rape, and destruction of evidence). The trial had nearly concluded when the court noted that although Saqib was not insane, he was allegedly unable to understand the proceedings due to his mental and physical health. However, a prior medical board report had declared him mentally fit (“no active psychiatric morbidityâ€), and an earlier application under Sections 465 & 466 Cr.P.C. for declaring him a lunatic had already been dismissed.
The High Court found that the trial court had not followed the complete procedure required under Section 341 Cr.P.C. and emphasized that if the accused is not insane, the trial may proceed, and only if convicted, the matter should be referred to the High Court for sentencing.
The case was remanded back to the trial court with directions to proceed as per law.