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Mansab Ali vs State Ss — 2024 PCrLJ 1135 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2024 PCrLJ 1135 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2024
Reporter
PCRLJ
Parties
Mansab Ali vs State Ss
Subject matter
Criminal
Provisions referred to
S. 439---; S. 365-; 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

Mansab Ali VS State Ss. 365-a, 376(2), 376(3) & 392--- anti-Terrorism act (XXVII of 1997), Ss. 7 & 23--- Criminal Procedure Code (V of 1898), S. 439---abduction of ransom, rape, dacoity and terrorism--- anti-Terrorism Court, jurisdiction of---Scope---accused was aggrieved of order passed by anti-Terrorism Court declining to transfer the case to Court of ordinary jurisdiction---Validity--- Demand of ransom for release of either property, cash or otherwise was the ingredients which must be present to attract provisions of S.365-a, P.P.C.---There was no demand of ransom of cash either from complainant or her relative---Irrational interpretation of word "any other demand" by extending it to 'compel a woman for a sexual intercourse' could not be adopted by High Court---Offences under Ss.365-B & 376, P.P.C., exclusively dealt with the offenses of rape, sexual intercourse with a woman against her will by putting her under fear of death etc.---High Court directed anti-Terrorism Court to transfer the case to Court of Sessions Judge to try the case himself or entrust it to some other additional Sessions Judge---Resultantly order in question was set aside---Revision was allowed accordingly.

Other judgments reported in 2024 PCRLJ

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