| Citation(s) |
|---|
| 2017 SLG 2806 2017 SLD 2806 2017 PLD 76 |
Balochistan High Court
Cons. P. No. 862 of 2016, decision Dated: 27-03-2017. hearing Date : 23-11-2016.
MRS. SYEDA TAHIRA SAFDAR, JUSTICE SYED ANWAR AFTAB, JUSTICE
Petitioner(s) by: Muhammad Aslam Chishti, Ajmal Khan Kakar
Respondent(s) by: Zahoor Ahmed Baloch, Asstt. Advocate-General and Noor Jahan Kahoor, Additional Advocate-General
Cons. P. No. 862 of 2016, decision Dated: 27-03-2017. hearing Date : 23-11-2016.
MRS. SYEDA TAHIRA SAFDAR, JUSTICE SYED ANWAR AFTAB, JUSTICE
Petitioner(s) by: Muhammad Aslam Chishti, Ajmal Khan Kakar
Respondent(s) by: Zahoor Ahmed Baloch, Asstt. Advocate-General and Noor Jahan Kahoor, Additional Advocate-General
WALI MUHAMMAD
VS
SPECIAL JUDGE, ANTITERRORISM COURT-I, QUETTA AND ANOTHER
Law: Criminal Procedure Code (V of 1898)
Section: 367,369
Law: Pakistan Penal Code, 1860
Section: 34,302(b),365-A
Law: Anti Terrorism Act, 1997
Section: 7
Law: Civil Procedure Code (V of 1908)
Section: 152
(a) Criminal Procedure Code (V of 1898)--- ----S. 369---Power of High Court to alter ---Scope---While exercising power under S.369, Cr.P.C. High Court could take the cognizance of the matter in order to correct the clerical/typographical mistake occurred inadvertently in the . Abdul Hussain v. The State 2003 PCr.LJ 1847 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 152---Correction of clerical mistake---Scope---Clerical and typographical mistake occurred inadvertently in the and decree or errors arising in order could be corrected under S.152, C.P.C. and without such exception no and decree or order could be reviewed, altered or modified. 1989 SCMR 189 rel. (c) Criminal Procedure Code (V of 1898)--- ----Ss.367 & 369---Penal Code (XLV of 1860), Ss.302(b), 365-A & 34---Anti-Terrorism Act (XXVII of 1997), S.7---Qatl-i-amd, Act of Terrorism---Appreciation of evidence---Correction of error in ---Scope---Initially accused-appellants were implicated in the offence under Ss.302(b), 365-A, 34, P.P.C. read with S.7 of the Anti-Terrorism Act, 1997---Charge under Ss.302, 365-A & 34, P.P.C. was framed and read over to accused persons to which, they pleaded not guilty and claimed trial---Trial Court passed conviction order to the extent of accused-petitioner under S.302(b) & 34, P.P.C. however accused persons were acquitted of the charge under S.365-A Penal Code, 1860---Appellate Court dismissed both the appeals and maintained the conviction recorded by Trial Court under provisions of Ss.302(b), 34, Penal Code, 1860 read with S.7 Anti-Terrorism Act, 1997---Accused persons assailed s passed by the Trial Court and High Court before the Supreme Court which was dismissed---Matter was compromised to the extent of accused-petitioner, for the offence under S.302/34 Panel Code, 1860 by the legal heirs of the deceased---Application under S.345 Cr.P.C. was filed before the Trial Court, which was dismissed---Validity---Record showed that accused-petitioner was acquitted under S.365-A, P.P.C. and was only convicted under Ss.303/34, P.P.C.---Neither he was charged under S.7 Anti-Terrorism Act, 1997 nor was convicted---While maintaining the conviction and dismissing…
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