Syed MOHSIN ALI vs State Ss — 2022 PCrLJ 1511 ISLAMABAD

Case information

Citation: 2022 PCrLJ 1511 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: PCRLJ
Parties: Syed MOHSIN ALI vs State Ss
Subject matter: Criminal
Provisions referred to: S. 7---C; S. 188---Q; S. 188; Criminal Procedure Code (V of 1898)

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

Syed MOHSIN ALI VS State Ss. 302, 120-B, 109 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Criminal Procedure Code (V of 1898), S. 188---Qatl-i-amd, criminal conspiracy, abetment, common intention, act of terrorism---appreciation of evidence---Jurisdiction of the court---Scope---accused were charged for committing murder of the deceased in UK with the help of co-accused---Murder of the deceased was committed in London (United Kingdom)---Offence took place outside Pakistan and all the accused persons were citizens of Pakistan---Section 188 of Cr.P.C. provided that the courts in Pakistan had the jurisdiction to try the accused for offence and punish accordingly with the proviso that such accused person shall have the protection of double jeopardy and permission of the Federal Government shall be obtained before proceeding with the inquiry---In view of the said provision of law the Trial Court had the jurisdiction to deal with the matter and decide the same provided there was sanction of the Federal Government---Interpretation rendered to S. 188, Cr.P.C., in respect of obtaining sanction of Federal Government had been held to be a mere procedural requirement and violation thereof to be of no consequence---Circumstances established that the prosecution had proved its case beyond reasonable doubt---appeal was dismissed accordingly.

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