JUMARAZ vs State Ss — 2021 YLR 955 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 955 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: JUMARAZ vs State Ss
Subject matter: Criminal
Provisions referred to: S. 7---Q; S. 6; S. 7

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

JUMARAZ VS State Ss. 302 & 376---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, rape, act of terrorism---appreciation of evidence---allegation against the accused was that he raped a 5/6 years old girl in an under-construction room on the rooftop of his house and thereafter committed her murder---Section 6, anti-Terrorism act, 1997 (as amended), the offence of rape was no more a "terrorist act" as the same did not appear in subsection (2) of S.6 of the act, hence, the said offence did not fall within the cognizance of the anti-Terrorism Court---Charge of murder against the present accused, the mode and manner of the occurrence did not suggest his design for creating fear and terror in the public rather his only aim was to satisfy his lust with the minor girl---Prosecution version was that, after achieving the goal accused killed the minor girl in order to conceal his crime---No doubt, a minor girl was killed in a brutal manner, however, mere gravity or brutal nature of an offence would not provide a valid yardstick for bringing the same within the definition of "terrorism"---Offences in the present case did not qualify the meaning of S.6, which was punishable under S.7 of the anti-Terrorism act, 1997---Entire evidence and material available on record revealed, that S.7 of anti-Terrorism act, 1997 was not applicable to the case, however, the circumstances established that prosecution had proved the charge against the accused beyond shadow of reasonable doubt---appeal against conviction was dismissed accordingly.

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