FAQEER MUHAMMAD vs State Ss — 2024 PLD 170 KARACHI-HIGH-COURT-SINDH

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FAQEER MUHAMMAD VS State Ss. 23, 6 & 7---Penal Code (XLV of 1860), Ss. 364-A, 302, 376, 201, 311, 109 & 34---Rape and murder of a minor girl---Not terrorism---Transfer of case from Anti-Terrorism Court to Court of ordinary jurisdiction---According to the case of prosecution, baby girl aged about 6 years left home and did not return---During investigation, it transpired that she was subjected to rape and murdered by the accused persons---Investigation Officer submitted challan against them before the Anti-Terrorism Court---Application under S. 23 of Anti-Terrorism Act, 1997, moved by the accused persons before the Anti-Terrorism (Trial) Court to transfer the case to regular Court was dismissed while holding that Anti-Terrorism Court had the jurisdiction to try the present case---Contention of the applicant/accused was that though the case was of gang rape with a minor girl, but alleged offence had not created terror in the society and mere gravity of an offence did not provide a valid yardstick for branding the act as terrorism---Plea of the complainant was that accused had committed gang rape with baby girl aged about 06 years and thereafter, committed her murder which offence had created terror in the society---Validity---From perusal of relevant material collected during investigation, it transpired that element of terrorism was missing in the present case---A minor girl was subjected to rape by accused persons and murdered---No doubt, offence was grave and brutal in nature but motivation was personal and private---In the offences of terrorism, purpose is to destabilize the society at large, therefore, keeping in view the definition of "terrorism" contained in S. 6 of the Anti-Terrorism Act, 1997, act of the applicant/ accused did not qualify as an act of terrorism, thus, Anti-Terrorism Court had no jurisdiction to try present case under the provisions of Anti-Terrorism Act 1997---High Court set-aside the impugned order, being not sustainable under the law, and directed Anti-Terrorism Court to transfer the case to the court having jurisdiction in the case---Revision Application was allowed, in circumstances.

FAQEER MUHAMMAD vs State Ss — 2024 PLD 170 KARACHI-HIGH-COURT-SINDH

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