Muzamil vs State Sched — 2024 PCrLJ 1610 KARACHI-HIGH-COURT-SINDH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Muzamil VS State Sched. I, Entries Nos. 3 & 4---Penal Code (XLV of 1860), Ss. 376(2), 506-B & 34---Anti-Terrorism Act (XXVII of 1997), S. 7---Rape, criminal intimidation, common intention, act of terrorism---Jurisdiction of Special Court---Scope---Accused were charged for committing rape with a minor girl---In the present case, admitted position was that the alleged offence was not committed for ransom, hence, the same did not fall within the Scheduled Offences of the Anti-Terrorism Act, 1997 ("Act, 1997") and thus, the same was not triable by the Anti-Terrorism Court---Alleged offence of rape under S. 376(2), P.P.C, though was of serious and brutal nature, yet being not included in entry No. 4 of the Third Schedule to the Act, 1997, was not triable by the Anti-Terrorism Court as a heinous offence---Alleged offence under S.376(2), P.P.C., did not even fall within the jurisdiction of regular Court under the Code in view of promulgation of the Anti-Rape (Investigation and Trial) Act, 2021 ("Act of 2021"), which came into force on 03.12.2021 to ensure expeditious redressal of rape and sexual abuse crimes in respect of women and children through special investigation teams and Special Courts providing for efficacious procedures, speedy trial, evidence and matters connected therewith or incidental thereto---Under Entries Nos.3 & 4 of the Schedule-I of the Act, 2021, offences under Ss. 21 and 22 of the Prevention of Electronic Crimes Act, 2016; the offences under the Act of 1997, which are committed along with the offences in the said Schedule and under Entry No.1 of the Schedule-II of the Act, an offence under S.376, P.P.C., were Scheduled Offences of the Act of 2021 and were triable by the Special Court established under the said Act---As per FIR, the alleged offence was committed on 12.01.2021---Charge was framed by the Trial Court on 04.06.2021---Special Courts under the Act of 2021 were notified in the Province of Sindh on 11.10.2022---Impugned judgment was passed on 19.01.2023---Meaning thereby, that on the day of notification of Special Courts under the Act of 2021, the trial of Scheduled Offence of the Act of 2021 was pending in the Anti-Terrorism Court, which ought to have been transferred to the Special Court having jurisdiction under the Act of 2021, which had the territorial jurisdiction to try the alleged offence as per notification---Since the trial Court i.e. Anti-Terrorism Court had no jurisdiction to try the case; the accused could not be tried, convicted and sentenced by it---Accordingly, the conviction and sentence awarded under the impugned judgment was set-aside with direction to Trial Court to transfer the case to Special Court established and notified under the Act of 2021, having territorial jurisdiction for trial in accordance with law---Appeal was allowed in the said terms.

Muzamil vs State Sched — 2024 PCrLJ 1610 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2024 PCRLJ