Citation Name : 2020 PCrLJN 19 LAHORE-HIGH-COURT-LAHORE
Side Appellant : ZAIN-UL-ABIDEEN
Side Opponent : ADDITIONAL SESSIONS JUDGE
S. 561-A---Penal Code (XLV of 1860), Ss. 365-B, 336, 337-A(ii), 337-F(iii) & 376---Anti-Terrorism Act (XXVII of 1997), S. 6---Kidnapping, abducting or inducing woman to compel for marriage etc., Itlaf-i-Salahiyat-i-Udw, shajjah-i-mudihah, mutalahimah and rape---Quashing of order---Objection raised by the petitioner that the case was triable by Anti-Terrorism Court, was overruled---Validity---Record showed that the alleged occurrence towards ABDUCTION of sister of the petitioner and causing her injuries by throwing acid upon her was committed on 01.09.2008---At that time, neither any penal clause for hurt through corrosive substance, including acid, was available in the Penal Code, 1860 nor in Third Schedule of the Anti-Terrorism Act, 1997, any such offence was described, because Ss. 336-A & 336-B were inserted in P.P.C. from 28.11.2011---Offence of hurt through corrosive substance was included in the Schedule of Anti-Terrorism Act, 1997 on 05.09.2012---Circumstances clearly showed that at the time of commission of the alleged occurrence, neither the said provisions of P.P.C., regarding hurt by corrosive substance were on the statute book nor in the Schedule of the Anti-Terrorism Act, 1997, any such offence was included---Accused could not be tried and punished for an offence which at the time of commission of occurrence was not made punishable---No retrospective effect to a penal provision could be given---Circumstances established that the objection of the petitioner before the Trial Court, for sending the case to Anti-Terrorism Court, was unjustified and as such rightly turned down, through the order in question---Constitutional petition having no force or merit, was dismissed accordingly.
Citation Name : 2020 PCrLJ 96 KARACHI-HIGH-COURT-SINDH
Side Appellant : NIAZ ALI RAJPER
Side Opponent : State
S. 2(n)---Penal Code (XLV of 1860), S. 365-A---Kidnapping for ransom---"Act of terrorism"---Determination---In order to constitute an offence of kidnapping for ransom, the proof of payment of money or even demand thereof was not sine qua non---Said offence also stands constituted if there was an ABDUCTION for the purpose of extortion of money or ransom was demanded.
Right of private defence of the body extending to cause death
Pre-emption suit decreed on the basis of compromise-
Maxim "actio personalis moritur cum persona
Kidnapping, abducting or inducing woman to compel for marriage etc
Kidnapping or ABDUCTION for extorting property, valuable security etc
Pakistan Arms Ordinance (XX of 1965),
Appreciation of evidence
Kidnapping, attempt to commit sodomy
Case in which hadd shall not be enforced
Qatl-i-amd, kidnapping or ABDUCTION for extorting property, valuable security etc.
Qatl-i-amd, kidnapping or ABDUCTION for ransom, common intention, acts of terrorism