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ABDUL WAHID vs PROVINCE OF SINDH Ss — 2022 YLRN 146 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 YLRN 146 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
ABDUL WAHID vs PROVINCE OF SINDH Ss
Subject matter
Criminal
Provisions referred to
S. 23; S. 6; 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

ABDUL WAHID VS PROVINCE OF SINDH Ss. 6 & 23---"Terrorism"---Power to transfer cases to regular Court of Session---Scope---Accused persons filed application for transfer of their case to a regular Court of Session under S.23 of the Anti-Terrorism Act, 1997, which was dismissed---Accused persons were alleged to have entered the house of complainant; one of them was alleged to have raped his daughter while the latter was alleged to have held the complainant and his two brothers-in-law at bay at gunpoint---Offence was shown to have been committed within the four walls of the complainant's house without there being any abduction and the use of a firearm by one of the accused persons was also within such confines---Ingredients of S.6(1)(b) & (c) of Anti-Terrorism Act, 1997, were conspicuously absent---Constitutional petition was allowed and the case was transferred from Anti-Terrorism Court to the ordinary court of competent jurisdiction.

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