RIZWAN RASHEED vs State Ss — 2024 SCMR 1968 SUPREME-COURT

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

RIZWAN RASHEED VS State Ss. 302(b), 365-a & 34---anti-Terrorism act (XXVII of 1997), Ss. 6(2)(e), 7(1)(a), 7(1)(e) & 21-I---Qatl-i-amd, abduction for ransom, common intention---Re-appraisal of evidence---Compromise between legal heirs of deceased and accused persons---Prosecution had produced confidence inspiring evidence to bring home the guilt of the petitioners---Complainant reiterated the contents of the FIR---according to two prosecution witnesses they lastly saw the deceased son of the complainant in the company of the petitioners---Statements of last seen witnesses, recovery of the taxi car used for abduction, recovery of the dead body on the pointation of the petitioners and the medical evidence lent support to the prosecution case---Witnesses were thoroughly cross examined by the defence counsel, but they remained firm on all material aspects of the case---Under such circumstances, the prosecution had successfully proved its case against the petitioners to the extent of offence under sections 365- a and 302(b), P.P.C.---Since the prosecution had failed to establish the mens rea of the petitioners for committing the act of terrorism, the provisions of the anti-Terrorism act, 1997 were not attracted---Conviction and sentence for life awarded to the appellants under section 365-a, P.P.C. shall remain intact, whereas compromise application filed by the legal heirs of deceased was allowed and the compromise was accepted---Consequently, the convictions and sentences awarded to the appellants under sections 302(b) and 34, P.P.C. were set aside, and they were acquitted of the charge under the said penal heads---Jail petition was converted into appeal and partly allowed.

RIZWAN RASHEED vs State Ss — 2024 SCMR 1968 SUPREME-COURT

Case information

Judgment text as reported

Other judgments reported in 2024 SCMR