Syed SAKHAWAT MOHSIN vs State Ss — 2022 PCrLJ 526 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PCrLJ 526 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PCRLJ
Parties: Syed SAKHAWAT MOHSIN vs State Ss
Subject matter: Criminal
Provisions referred to: S. 365-A---A; S. 365-A; S. 7; S. 6; Penal Code (XLV of 1860); Anti-Terrorism Act

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 SAKHAWAT MOHSIN VS State Ss. 7 & 2(t)---Penal Code (XLV of 1860), S. 365-A---Abducting or kidnapping for ransom---Act of terrorism---Scheduled offence---Scope---Anti-Terrorism Court has jurisdiction to try the heinous offences mentioned in Entry No. 4 of the Third Schedule in addition to the offences constituting terrorism---Accused can be punished in the first category of cases only for commission of those offences and not under Anti-Terrorism Act, 1997 for committing terrorism---Held, that the cases of heinous offences specified in Entry No. 4 of the Third Schedule to the Anti-Terrorism Act, 1997 are cases of those offences which do not per se constitute the offence of terrorism but such cases are to be tried by an Anti-Terrorism Court because of their inclusion in the Third Schedule---While specifically mentioning offence of abduction or kidnaping for ransom, it has been stated that such offence under S. 365-A, P.P.C. is included in Entry No. 4 of the Third Schedule and simultaneously is one of the actions specified in S. 7(e) of the Anti-Terrorism Act, 1997, it follows, therefore, that whether it is an ordinary case of abduction or kidnapping for ransom under S. 365-A, P.P.C. or kidnapping for ransom is committed with the design or purpose specified in clause (b) or (c) of subsection (1) of S. 6 of the Anti-Terrorism Act, 1997, which will be an act of terrorism attracting S. 7(e) of the Act, the jurisdiction to try the same will lie only with an Anti-Terrorism Court---In the former case, the accused is to be convicted and sentenced only for the offence under S. 365-A, P.P.C., whereas in the latter case he will be convicted both for the offence under S. 365-A, P.P.C. as well as for the offence under S. 7(e) of the Anti-Terrorism Act, 1997.

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