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

Case information

Citation
2024 SCMR 1968 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2024
Reporter
SCMR
Parties
RIZWAN RASHEED vs State Ss
Subject matter
Criminal
Provisions referred to
I---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

RIZWAN RASHEED VS State Ss. 6(2)(e), 7(1)(a), 7(1)(e) & 21-I---Penal Code (XLV of 1860), Ss. 302(b) & 365-A---Abduction for ransom, qatl-i-amd---Re-appraisal of evidence---Whether act of terrorism---In the case in hand, the complainant in the FIR and in his statement recorded on oath before the Trial Court, had simply stated that his son was abducted by unknown persons, who contacted him and had demanded ransom---Neither the complainant nor the prosecution witnesses described the act of the petitioners (accused persons) as an act of terrorism---Even there is nothing on the record, connecting the petitioners in any manner with terrorist activities or having any link or nexus with any terrorist organization in order to constitute the offence of terrorism---Moreover, at any stage of the proceedings, the prosecution did not allege that the petitioners abducted the abductee with a design, purpose or intent of terrorism---Without there being mens rea of the petitioners to do an act of terrorism, their action of abduction for ransom simplicitor fell within the ambit of section 365-A, P.P.C., instead of section 6(2)(e) of the Anti-Terrorism Act, 1997 ("ATA 1997")---Fora below had erred in law by mis-appreciating the evidence, hence had wrongly considered the action of the petitioners as an act of terrorism---Jail petition was converted into appeal and partly allowed, the convictions and sentences awarded to the appellants under sections 7(1)(a), 7(1)(e) & 21-I of the ATA, 1997 through the impugned judgment were set aside and they were acquitted of the charge under the said penal heads.

Other judgments reported in 2024 SCMR

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