Law:

Section:

Penal Code (XLV of 1860) --------- ----------Ss. 302, 353, 148 & 149 --------- Anti-Terrorism Act (XXVII of 1997), S.21-L --------- Constitution of Pakistan, Arts.9 & 10 --------- Qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty, rioting, common object, abscondence of accused --------- Appreciation of evidence --------- Accused who had absconded, proceedings under Ss.87, 88, Cr.P.C. were initiated against him --------- Charge was framed against accused for other offences, except S.21-L of the Anti-Terrorism Act, 1997 --------- Accused was tried in his absence and he was acquitted for the offences under Ss. 302, 353, 148 & 149, P.P.C. --------- No evidence was recorded to prove the ingredients of S.21-L of the Anti-Terrorism Act, 1997 --------- Trial Court had also failed to discuss the evidence regarding deliberate absconsion of accused --------- Trial Court, in cursory manner, had convicted and sentenced accused under S. 21-L of Anti-Terrorism Act, 1997 --------- Procedure, adopted by the Trial Court, for conviction and sentence of accused in his absence, was not warranted in law and was violative of the Arts.9 & 10 of the Constitution --------- Accused having been acquitted by the Trial Court in main case, conviction and sentence awarded to accused, under impugned , were set aside --------- Said would not be construed to preclude the Trial Court from taking any proceeding in accordance with law and adopt legal procedure for trial of offence punishable under S.21-L of Anti-Terrorism Act, 1997. Arbab Khan v. The State 2010 SCMR 755 and Ikhlaq Ahmad v. State 2008 SCMR 951 ref. THIS ORDER PASSED BY: NAIMATULLAH PHULPOTO, JUSTICE:---------- Appellant Riaz Ahmed and others were tried by learned Judge, Anti-Terrorism Court, Jacobabad in special case No. 12/2009 for offences under Sections 302, 353, 148, 149, P.P.C. and 7 of Anti-Terrorism Act, 1997. After full dressed trial by judgment dated 14.12.2009 accused Sher Muhammad and Javed were acquitted. Present appellant Riaz Ahmed who was tried in absentia was also acquitted however, appellant Riaz Ahmed was convicted under Section 21-L of Anti-Terrorism Act, 1997…

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