- (1.) THE appeal (Cr. Appeal No. 1178 of 2004) is admitted for hearing and shall be heard alongwith Cr. Appeal Nos. 1199 of 2004; 1218 of 2004; 1421 of 2004; 1422 of 2004.
(2.) ISSUE notice. Perused the lower court record. Learned counsel appearing for the appellant, Gaffar Ansari submitted that the conviction of the appellant, Gaffar Ansari, is totally erroneous on account of the far that the victim girl was not examined and yet the trial court has placed reliance on her statement recorded under Section 164 Cr. RC. It has further been submitted that even if for some reason the victim could not be produced for recording her statement, the prosecution could have examined her on commission. It has further been submitted that there is no independent witness regarding participation of the appellant in the alleged offences.
(3.) LEARNED counsel further submits that the case of the appellant is identical to that of co -convict, Mansoor Ansari, who has been granted bail by this Court in Cr. Appeal No. 1146 of 2004 and there is no point of distinction of the case of the appellant, Gaffar Ansari from the case of the abovenamed co -accused.;