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IMTIAZ LATIF vs State S — 2024 SCMR 1169 SUPREME-COURT

Case information

Citation
2024 SCMR 1169 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2024
Reporter
SCMR
Parties
IMTIAZ LATIF vs State S
Subject matter
Criminal
Provisions referred to
S. 7; Penal Code (XLV of 1860); Anti-Terrorism Act

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

IMTIAZ LATIF VS State S. 7(e)---Penal Code (XLV of 1860). Ss. 365-A, 392 & 148---Kidnapping for ransom---Reappraisal of evidence---Whether provisions of section 7(e) of the Anti-Terrorism Act, 1997 ("ATA") were attracted---Held, that it was evident from the record of present case that the accusation of kidnapping for ransom involved five individuals allegedly motivated solely by financial gain---Present incident was alleged to be a short term kidnapping for ransom that lasted only for 5 to 6 hours and the abductee was released allegedly upon receipt of the demanded ransom amount---Petitioners (accused persons) lacked a prior criminal history, therefore, this did not meet the criteria for terrorism as the two fold requirement of mens rea was missing---Moreover, the statement of one of the petitioners under Section 342, Cr.P.C., revealed that an enmity existed between the parties on account of agricultural lands and he also produced defence evidence in this regard, however, the Trial Court failed to appreciate the same---Hence, it had no connection with the act of terrorism---As the intention of the petitioners was not at all to create sense of insecurity or to destabilize the public at large or to advance any sectarian cause, the design or purpose of the present offence as contemplated by the provisions of Section 6 ATA was not attracted---Consequently Section 7(e) ATA became inapplicable---Prosecution had failed to prove its case beyond reasonable doubt against the petitioners---Petitions were converted into appeals and were allowed, and the accused persons were acquitted of the charge.

Other judgments reported in 2024 SCMR

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