Law:

Section:

Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 21-L, 10 & 11---Constitution of Pakistan, Arts.9 & 10---Abscondence---Conviction and sentence for---Appreciation of evidence---All accused persons, including accused, who were charged under S.365-A, P.P.C., and Ss.6 & 7 of Anti-Terrorism Act, 1997, were acquitted, but accused, who absconded and proceedings under Ss.87 & 88, Cr.P.C. were initiated against him, was convicted and sentenced under S.21-L of Anti-Terrorism Act, 1997, on account of his abscondence---No evidence was recorded to prove the ingredients of S.21-L of Anti-Terrorism Act, 1997---No point for determination, concerning the said offence, was framed by the Trial Court---No discussion with regard to evidence on record was found in the impugned of the Trial Court---Trial Court in cursory manner, convicted and sentenced accused for said offence---Procedure adopted by the Trial Court in convicting and sentencing accused was not warranted by law---Trial of accused in absentia, undertaken by Trial Court was violative of Arts.9 & 10 of the Constitution, and Ss.10 & 11-C of Anti-Terrorism Act, 1997---Despite no charge under S.21-L of Anti-Terrorism Act, 1997 had been framed against accused, accused was convicted in his absentia---Accused was, therefore, condemned unheard, which was contrary to the principles of natural justice---Accused having been acquitted in main offence along with other accused persons on same evidence, no useful purpose would be served by remanding the case to Trial Court for retrial---Conviction and sentence awarded by the Trial Court against accused, were set aside, and he was acquitted, and ordered to be released, in circumstances. Ali Hassan v. The State 2009 MLD 1198 and Mir Akhlaq Ahmed and others v. The State 2008 SCMR 951 ref. JUDGMENT ABDUL MAALIK GADDI, J.---The appellant/accused Khanzado alias Ketoo son of Hussain Bux Sabzoi along with other accused was tried by the learned Judge, Anti-Terrorism Court, Jacobabad, in absentia in Special case No.52/2010, Re-State v. Saboo alias Chachoo and others, arising out of Crime No.282 of 2010, registered at Police Station A-Section Kandhkot, under sections 365-A,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492