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MUHAMMAD EJAZ vs State Ss — 2022 YLRN 39 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 YLRN 39 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Parties
MUHAMMAD EJAZ vs State Ss
Subject matter
Criminal
Provisions referred to
S. 7---Q; S. 6; S. 365-; 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

MUHAMMAD EJAZ VS State Ss. 302(b), 364, 365-a & 201---anti-Terrorism act (XXVII of 1997), S. 7---Qatl-i-amd, kidnapping or abducting in order to murder, kidnapping or abducting for extorting property, valuable security etc., causing disappearance of evidence of offence, or giving false information to screen offender, act of terrorism---appreciation of evidence---Benefit of doubt---act of terrorism---Scope---accused was charged for committing murder of the brother of the complainant after kidnapping him for extorting property---Even if the whole prosecution version was presumed to be true, not an iota of evidence could be brought on record to establish that offence alleged against the accused could be termed falling within the mischief of "Terrorism" which had been defined in S.6 anti-Terrorism act, 1997---Even otherwise when the Trial Court had arrived at the conclusion that the prosecution could not establish offence under S.365-a, P.P.C., it fell in error while recording conviction under the provision of S.7 of the ant-Terrorism act, 1997---Circumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubt---appeal against conviction was allowed, in circumstances.

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