Law:

Section:

(a) Penal Code (XLV of 1860) --------- ----------Ss. 365-A, 148 & 149 --------- Anti-Terrorism Act (XXVII of 1997), Ss. 21-L & 7 --------- Criminal Procedure Code (V of 1898), Ss. 87 & 88 --------- Constitution of Pakistan, Arts. 9 & 10-A --------- Act of terrorism, kidnapping or abduction for extorting property, rioting and unlawful assembly --------- Absconsion of accused --------- Conviction and sentence in absconsion --------- Scope --------- Trial Court convicted the accused on his absconsion and sentenced him to five years imprisonment and his movable and immovable properties were also forfeited --------- Validity --------- Proceedings under Ss.87 & 88, Cr.P.C. were initiated for declaring the accused as proclaimed offender for the purpose of proceeding with the case in his absentia --------- Neither any charge was framed against the accused under S. 21-L of Anti-Terrorism Act, 1997 nor recorded evidence to prove the ingredients of S. 21-L --------- Trial Court had failed to formulate a point for determination with regard to offence under S. 21-L of Anti-Terrorism Act, 1997 in the impugned --------- Nothing was on record to show that absconsion of accused was intentional --------- No finding had been recorded by the Trial Court with regard to abscondence of the accused --------- Trial Court had convicted and sentenced the accused in a cursory manner --------- Procedure adopted by the Trial Court in convicting and sentencing the accused under S.21-L of Anti-Terrorism Act, 1997 was illegal --------- Accused was acquitted for offences under Ss. 365-A, 148 & 149, P.P.C. and S. 7 of Anti-Terrorism Act, 1997 --------- Conviction of accused under S. 21-L of Anti-Terrorism Act, 1997 recorded by the Trial Court was violative of Arts. 9 & 10-A of the Constitution --------- Conviction and sentence awarded to the accused by the Trial Court for offence under S. 21-L of Anti-Terrorism Act, 1997 were set aside and he was acquitted --------- Appeal was allowed in circumstances. Muhammad Arif v. The State 2008 SCMR 829 and Mir Ikhlaq Ahmed v. The State 2008 SCMR 951 ref. (b) Anti-Terrorism Act (XXVII of 1997) --------- ----------Ss. 25 &…

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