ZUBAIR JAKHRANI vs State S — 2022 MLD 438 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 MLD 438 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: MLD
Parties: ZUBAIR JAKHRANI vs State S
Subject matter: Criminal
Provisions referred to: S. 365-; S. 21-L; S. 19; S. 25; S. 265-

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

ZUBAIR JAKHRANI VS State S.365-a---anti-Terrorism act (XXVII of 1997), Ss. 7& 21-L---Kidnapping or abduction for ransom, act of terrorism---appreciation of evidence---Benefit of doubt---Conviction in absentia---Scope---accused were charged for kidnapping the complainant for ransom---No charge was framed against the accused under S.21-L of the anti-Terrorism act, 1997 (act)---Trial Court was required to satisfy itself according to S.19(10) of the said act, that absence of the accused was deliberate---Trial Court had failed to follow the relevant provisions of law---Trial Court had convicted and sentenced the accused under S.21-L of the act, in his absentia---Procedure adopted by the Trial Court was absolutely illegal---No doubt, accused had approached the court directly without filing an application under S.19(12) of the act before Trial Court---However, under S.25 of anti-Terrorism act, 1997, there was no bar that a person convicted and sentenced in absentia under S.21-L of anti-Terrorism act, 1997, before Trial Court could not file appeal without filing application under S.19(12) of the act---Record showed that accused had been acquitted in his absentia in the main offence under S.265-a, P.P.C., during the trial of co-accused persons---Circumstances established that the prosecution had failed to establish its case against the accused---appeal against conviction in absentia was allowed, in circumstances.

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