MANSAB ALI vs State Ss — 2024 PCrLJ 671 LAHORE-HIGH-COURT-LAHORE

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MANSAB ALI VS State Ss. 23 & 7---Penal Code (XLV of 1860), Ss. 365-A, 392, 376(ii) & 376(iii)---Kidnapping or abduction for extorting property, valuable security, etc., robbery, kidnapping or abducting a person under the age of fourteen, rape, act of terrorism---Application for transfer of case from Anti-Terrorism Court to the ordinary court was dismissed---Validity---Complainant lodged FIR alleging that accused persons kidnapped her along with her daughter, committed rape with them, snatched mobile phone and hard cash and ran away---As per contents of the FIR, Court had not noticed any demand of property (movable or immovable) valuable security or compelling of the complainant or her daughter to comply with any other demand in cash or otherwise---Moreover, it was not the case of the prosecution that the assailants demanded some money and upon their failure put them in illegal confinement and committed zina-bil-jabr---Under S. 365-A, P.P.C., the element of extortion from the person or kidnapping or abducting for the purpose of any property movable or immovable, valuable security or other demand, whether cash or otherwise for obtaining release of any kidnapped or abducted person is made---Such elements were not available in the present FIR, therefore, S. 365-A, P.P.C., was not be attracted---In the instant case, there was no demand of ransom of cash either from the complainant or her relative---Irrational interpretation of the word "any other demand" by extending it to compel a woman for a sexual intercourse could not be adopted by the Court particularly when offences under S. 365-B, P.P.C. & S. 376, P.P.C. exclusively deal with the offence of rape; and sexual intercourse with a woman against her will by putting her under fear of death, etc.---Criminal revision was allowed, in circumstances, by setting aside order passed by the Judge, Anti-Terrorism Court, resultantly, the trial of case was to be referred back by the Judge, Anti-Terrorism Court, to Sessions Judge who shall either himself or entrust it to any Additional Sessions Judge, for its trial.

MANSAB ALI vs State Ss — 2024 PCrLJ 671 LAHORE-HIGH-COURT-LAHORE

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