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Shahnawaz Almani vs State Ss — 2024 PCrLJ 1535 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 PCrLJ 1535 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
PCRLJ
Parties
Shahnawaz Almani vs State Ss
Subject matter
Criminal
Provisions referred to
S. 7---Q; S. 6

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

Shahnawaz Almani VS State Ss. 302(b), 364, 376 & 201---anti-Terrorism act (XXVII of 1997), S.7---Qatl-i-amd, kidnapping or abducting any person in order that such person may be murdered, rape, causing disappearance of evidence of offence, or giving false information to screen offender, act of terrorism---appreciation of evidence---act of terrorism---Scope---accused was charged for kidnapping minor niece of complainant and murdering her after rape---Events and the circumstantial evidence proved that the accused was the person who had committed heinous offence of rape and murder and deserved no leniency---No reason or mitigating circumstances for awarding a lesser sentence to the accused was available in the case---However, the offences did not fall within the purview of the anti-Terrorism act, 1997---Regardless of the severity, shock value, brutality, gruesomeness, or horror of an offence, it could not be characterized as an act of terrorism unless it was committed with the specific intent or purpose outlined in clauses (b) or (c) of subsection (1) of S.6 of the act, 1997 which was lacking in the present case---Resultantly the appeal was dismissed however, the convictions and sentences were upheld with regard to the non-anti-Terrorism act, 1997 offences so charged.

Other judgments reported in 2024 PCRLJ

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