' DR. RANA MUHAMMAD SHAMIM, J.--- This criminal revision application is converted into a criminal miscellaneous application under section 561-A, Cr.P.C. Accused Abdul Hameed in F.I.R. No,146 of 2007 moved application under section 561-A, Cr.P.C. To implead him as respondent whereas Mrs. M. Islam Laghari, learned counsel filed Vakalatnama on behalf of another accused Nadim in same crime to be impleaded as one of the respondents. This Court vide order, dated 18-3-2008 stayed the operation of impugned order, dated 6-12-2007. She was referred to Medical Superintendent, Civil Hospital, Sukkur, for her medical check-up as according to her she was abducted, kept in illegal confinement and gang rapped by the accused persons nominated in the F.I.R.
2. After her medical examination, the report thereto was submitted which is kept in case file.
According to said medical report, Gynaecologist Dr. Aisha opined that there is small tear of 0.5 c.m.
In vagina and old ruptured hymen. It is also reported that two fingers easily pass in vagina, which proves that she has been sexually gang rapped. The learned counsel submits that when she was abducted she was student of intermediate and during captivity she was forced to appear in examination in place privately managed by the accused persons with the intention to camouflage their crime. She states with tears that she never appeared in any Examination Center and solved the paper for such examination in circumstances. She further clarifies that the papers under the constant threat and strict supervision of accused were brought by some person, which were solved in such particular circumstances. The learned counsel further submits that the accused persons namely Nadim, Saqib, Adnan, Abdul Hameed, Rafi and Ali Sher are very influential and one of them Abdul Hameed is serving in Sessions Court who, also used his influence over the investigation and the Court of Judicial Magistrate. Consequently, they were successful in obtaining a report from Investigating Officer for exonerating the accused. The Investigating Officer submitted report under section 173, Cr.P.C. Before the learned Magistrate for the disposal of case in "B" Class. The Investigating Officer instead of helping the poor innocent young student orphan lady, mixed up with the accused persons and tried to declare the accused persons innocent. He wilfully for ulterior motives spoiled the case of prosecution on the contrary implicated the orphan young girl for registration of case against her.
3. Learned Additional Advocate-General opposed the order of the learned Magistrate and submits that the Investigating Officer has wilfully and deliberately conducted dishonest investigation and failed to perform his legal duties. He submits that the impugned order be set aside being not sustainable and suggests that the stern action be taken against the Investigating Officer, Inspector, S.I.O. Ehsan Bullo. The challan for abducting, gang rape and keeping her in illegal confinement be submitted in Anti-Terrorism Court by inserting section 6 read with section 7 of the Anti-Terrorism Act. The application be allowed. The R.P.O., Sukkur, be directed to depute an honest Police Officer not below the rank of D.S.P. For investigation of the case.
4. In view of the above discussion, the application is allowed and impugned order is set aside. An immediate indulgence is solicited from learned R.P.O., Sukkur, for assigning investigation of the case not below the rank of D.S.P. Keeping in view the gravity of offence and as suggested by learned Additional Advocate-General the case be challaned after honest investigation to Anti- Terrorism Court as provisions of section 6 read with section 7 of the Anti-Terrorism Act, 1997 appear to be attracted.
5. The application moved by one Abdul Hameed cannot be entertained as there is no provision in criminal law to implead him as an intervenor. Copy of this order be supplied to learned Additional Advocate-General for strict compliance.