ABDULLAH vs State Ss — 2024 MLD 134 KARACHI-HIGH-COURT-SINDH

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ABDULLAH VS State Ss. 324, 353, 186 & 34---Sindh arms act (V of 2013), S. 23(1)(a)---anti-Terrorism act (XXVII of 1997), S. 7---attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, obstructing public servant in discharge of public functions, common intention, possession of illicit weapon, act of terrorism---appreciation of evidence---act alleged not an act of terrorism---Conviction under S. 7 of anti-Terrorism act, 1997 set aside---Prosecution case was that an encounter took place between the police and four assailants, due to which, one of the accused received a firearm injury on his left shoulder---allegations accused persons "F" & "Y" were that they had actively participated in the attack on the police party and they were arrested on the spot and police recovered a .30 bore pistol each from their possession---as far as the conviction of the present accused under S. 7 of the anti-Terrorism act wass concerned, suffice it to say that the same could not be sustained---all acts mentioned under subsection (2) of S. 6 of the anti-Terrorism act, 1997, if committed with design/motive to intimidate the government, public or a segment of the society, or alternatively where evidence had been collected by the prosecution to suggest that the aforesaid aim was either achieved or otherwise appeared as a by-product of the said terrorist activities were to be dealt with under the anti-Terrorism act, 1997---Nothing was brought on record of present case to suggest that the present accused persons possessed the intention, design or purpose to cause terror to any part of the society---Thus, the alleged offence could not be equated with terrorism---In such circumstances, the conviction under S. 7, anti-Terrorism act, 1997, was set-aside.

ABDULLAH vs State Ss — 2024 MLD 134 KARACHI-HIGH-COURT-SINDH

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