| Citation(s) |
|---|
| 2026 SLG 4649 = 2026 SLD 4649 = 2026 PLJ 217 = 2026 SCMR 1647 |
Supreme Appellate Court, Pakistan
Crl. P. No. 1160 of 2025
Presented By: Muhammad Hashim Khan Kakar, Salahuddin Panhwar and Ishtiaq Ibrahim JUDGES
Barrister Salman Safdar, ASC a/w Sardar Mazhar Ali Haider, AHC for Petitioner. Mr. Abdul Khaliq Safrani, ASC a/w Mr. Khuwailid Ali, AHC, Mr. Khubaib Ali, AHC & Ms. Khadija (Complainant) for
Respondents. Mr. Tariq Siddique, APG, Pb for State. Mr. Muhammad Subhan Malik (Judicial Law Clerk, SCP) Assistance. Date of hearing: 19.2.2026.
Crl. P. No. 1160 of 2025
Presented By: Muhammad Hashim Khan Kakar, Salahuddin Panhwar and Ishtiaq Ibrahim JUDGES
Barrister Salman Safdar, ASC a/w Sardar Mazhar Ali Haider, AHC for Petitioner. Mr. Abdul Khaliq Safrani, ASC a/w Mr. Khuwailid Ali, AHC, Mr. Khubaib Ali, AHC & Ms. Khadija (Complainant) for
Respondents. Mr. Tariq Siddique, APG, Pb for State. Mr. Muhammad Subhan Malik (Judicial Law Clerk, SCP) Assistance. Date of hearing: 19.2.2026.
MAHAM FATIMA--Petitioner
VERSUS
STATE and another--Respondents
Law: Code of Criminal Procedure, 1898
Section: 233, 234, 235 to 239
Law: Anti-Rape (Investigation and Trial) Act, 2021
Section: 16(4)
Law: Qanun-e-Shahadat Order, 1984
Section: 131, 143 to 148
Law: Witness Protection, Security and Benefit Act, 2017
Section: 9, 10-A , 13
Law: Constitution of Pakistan, 1973
Section:
Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 233, 234, 235 to 239--Constitution of Pakistan, 1973, Arts. 10-A & 13--Fair trial--Anti-Rape (Investigation & Trial) Act, 2021 (XXX of 2021), Ss. 9 & 16(4)--Prevention of Electronic Crimes Act, 2016 (XL of 2016), Ss. 29 & 30--Qanun-e-Shahadat Order, 1984 (10 of 1984), Arts. 131 & 143 to 148--Code of Civil Procedure, 1908--The witness Protection, Security and Benefit Act, 2017--National Cyber Crime Investigation Agency (NCCIA)--“Same transaction”--“Special Sexual Offences Investigation Units”--Criminal Revision--Consolidation of trials arising from two interconnected F.I.Rs--Petitioner’s application for consolidation of trials arising from two interconnected F.I.Rs was dismissed--Separate challans u/S. 173 Cr.P.C were submitted by two investigating agencies before different Courts--Section 233, Cr.P.C lays down general rule that every distinct offence must be tried separately--Section 235 permits a singly accused to be charged and tried in one trial for multiple offences if they arise from a series of acts forming “same transaction,” including situations where acts fall under multiple legal definitions or where several acts combine to constitute a different offence--Section 239 extends this principle to joint trials of multiple accused who commit different offences in course of same transaction--While section 235 applies to a single accused committing multiple offences in a connected series of acts--Section 239 particularly clause (d) has a broader scope and allows joint trial of several accused involved in offences committed during same transaction--Analysis of these cases would show that offences, question of whose being parts of same transaction was involved in them, were related to each other by a causal connection, and such connection seems to be absolutely necessary if two offences are to be treated as having been committed in course of same transaction--“Special Sexual Offences Investigation Units” shall investigate these offences, whereas Section 30 of PECA, requires investigation in PECA offences to be conducted by investigation…