' Ramsha Bibi a child of six years was molested by appellant Muhammad Imran on 8.8.2005 within the area of Mauza Burhanpur of PS Kehror Pacca; the appellant was surprised by Imtiaz Bibi, mother of the child whereupon he fled away from the scene of occurrence; the child was found dead as a result of assault on her.
2. Appellant Muhammad Imran was subsequently arrested and sent to face trial before learned Judge, Anti Terrorism Court-II at Multan where he waa indicted on 17.1.2006 under Section 10(3) of the Offence of Zina (Enforcement of Had) Ordinance, 1979 read with Section 7(a) of Anti Terrorism Act, 1997.
3. What is conspicuously missing in the charge is appellant's indictment under Section 302, PPC which escaped notice till date.
4. Confronted with this anomaly learned counsel for the appellant frankly conceded that remission of the case for denovo trial is the only option available under law. According to learned counsel for the appellant presently offence involving child molestation is not a scheduled offence within the contemplation of Section 6 of Anti Terrorism Act, 1997. Learned law officer has also subscribed to the position taken by learned counsel for the appellant.
5. In our view illegality committed by the trial Court is not curable. Consequently judgment dated 24.11.2006 is set aside. Case is remanded to learned Sessions Judge, Lodhran for decision afresh after framing of proper charge within six months, as the case is fairly an old one and appellant is still in jail. Office is directed to send record of this appeal to the trial Court immediately.