Lahore: Justice Tariq Saleem Sheikh of Lahore High Court (LHC) while settling legal point maintained case cannot be decided without recording statement of 21 years old deaf , dumb and mentally disabled girl who is victim of sexual abuse.

No one can be kept out of legal system due to one's disability.

Law does not say disabled person is not able to state his experience. The courts should hire the service of experts to hear these persons and ascertain their experiences. Proper facilities should be given in connection with recording statement of affected mentally disabled persons.

Article 7 and 8 of the constitution gives every one equal right to access.

Trial court gave decision without ascertaining opinion of psychiatrist or other expert which depicts flaws.

The court while nullifying life imprisonment of the accused Muhammad Ramzan and Saeed Akhtar ordered trial court to record statement of affected girl and give decision again.

Justice Tariq Saleem Sheikh issued 9-page written decision in connection with appeal pleas of the accused persons in the case of subjecting girl to sexual abuse after kidnapping.

It was written in the decision the local police of Bahawalpur registered the case of sexual abuse of deaf, dumb and mentally disabled girl on April 23, 2022.

The court announced life imprisonment for the accused Muhammad Ramzan and Saeed Akhtar after the offence was proved.

The accused filed appeal pleas against the decisions of trial court in LHC.

Justice Tariq Salim Sheikh wrote in its decision no one except the affected girl is eye witness of the incident.

According to prosecution the girl is deaf , dumb and mentally disabled. The investigation officer did not record the statement of girl due to her disability. During trial prosecution gave application that test be got conducted for evidence of the affected girl. Trial court arranged the test of affected girl and it reached the conclusion that girl is not able to record her statement.

Trial court failed in searching alternative sources to record statement of the girl.

It was said in the decision trial court gave decision without the opinion of psychiatrists or experts.