LAHORE: The Lahore High Court (LHC) has remanded a long-pending murder and rape case back to the trial court, directing it to follow the proceedings under Section 341 of Criminal Procedure Code (CrPC) since the mental and physical health of one of the accused is doubtful.

Kahna police registered acase in 2013 involving the brutal murder and assault of a 21-yearold woman, Lubna Nazar. The main accused, Saqib Hussain, along with his brother Yasir Hussain, was charged under sections 302, 376, and 201 of the Pakistan Penal Code.

During trial proceedings, an additional district & sessions judge raised concerns about Saqib`s ability to comprehend the court proceedings, prompting a reference to the L HC under Section 341 of the CrPC. It was alleged that although Saqib was not insane, he was physically and mentally unable to understand the trialprocess.

However, LHC Chief Justice Aalia Neelum found that anearlier medical board report from the Punjab Institute of Mental Health had declared the accused free from active `psychiatric morbidity`, and the trial court had dismissed an application for declaring him a lunatic in 2015.

In its decision, a division bench, headed by the chief justice, noted that Saqib and his coaccused were properly represented by the counsel throughout the trial and that crossexamination of prosecution witnesses was duly carried out.

A counsel for Saqib argued that he was insane and could not understand the proceedings due to his mental as well as his physical health, so, the trial could not continue against him.

Chief Justice Neelum noted that the trial court reached a conclusion that the accused, Saqib, could not speak or listen.

However, she said, the trial judge did not note whether the accused could understand the gestures made to him.

She said both accused were represented and defended adequately by the advocate of their choice and proper cross-examination of the witnesses was also carried out on behalf of the defence counsel. In such a situation, the chief justice added, the trial was conducted fairly and a sufficient opportunity to present the case was also afforded to the accused persons, including the main accused, Saqib.

The chief justice explained that if the trial judge doubts an accused`s physical and mental capacities, the procedure prescribed under Section 341 of the CrPC should be followed. And if the trial proceeds in the ordinary way, the judge can pass a sen-tence if the accused is found guilty and convicted.

`However, if it is found that the accused cannot understand the proceedings, and trial results in conviction, the trial judge is required to forward the proceedings to the high court, if the evidence warrants so, but it cannot pass a sentence against him,` CJ Neelum maintained.

She observed that unless an accused is found insane, the trial may proceed even if the accused cannot fully understand the proceedings.

Finding procedural lapses in the way the trial judge had referred the reference to the LHC, the chief justice remanded the case back to the trial court with clear instructions to proceed and conclude the trial in accordance with the law. She stressed the importance of ensuring that the accused`s rights are safeguarded but underscored that the trial process must not be stalled without following the procedure laid down under section 341 of the CrPC.

Justice Abher Gull Khan was the other member of the division bench, which concluded with answering the reference in the negative.