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ABDUL REHMAN SHAIKH vs State Ss — 2024 YLR 70 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 YLR 70 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
YLR
Parties
ABDUL REHMAN SHAIKH vs State Ss
Subject matter
Criminal
Provisions referred to
S. 7---N

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

ABDUL REHMAN SHAIKH VS State Ss. 223, 224, 225, 225-a, 216, 114 & 34---anti-Terrorism act (XXVII of 1997), S. 7---Negligence of officials causing under trial prisoners to escape---appreciation of evidence---Conviction, alteration of---act of terrorism, applicability of---accused were charged for negligence in performing their duties by not preventing and in essence enabling two hardened under trial prisoners to escape from central prison---With regard to the convictions and sentences of the accused persons for offences under the anti-Terrorism act, 1997, the present case did not fall within the purview of the anti-Terrorism act, 1997, because in case of an act of terrorism there had to be an object, intent, purpose and design to create terror on account of the act of accused persons---Whether people were terrorized as a by-product of the act did not convert the act into one of terrorism nor the fact that it might have been of a particularly brutal nature---Based on the particular facts and circumstances of the present case it appeared that the accused persons were only negligent and did not have the design, intent or purpose to create terror and as such all offences under the anti-Terrorism act, 1997 were set aside.

Other judgments reported in 2024 YLR

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