Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss.302(a) & 302(b)---Anti-Terrorism Act (XXVII of 1997), S. 7(a)---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10(3) & 10(4)---Qatl-i-amd, act of terrorism, zina-bil-jabar---Reappraisal of evidence---Sentence, reduction in---Death sentence reduced to imprisonment for life---Accused and his juvenile co-accused were alleged to have gang raped a seven year old girl ("victim") which resulted in the latter's death---Anti-Terrorism Court convicted the accused under S.302(a), P.P.C., S. 10(4) of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and S. 7(a) of Anti-Terrorism Act, 1997 and sentenced him to death---Validity---Present case was not a case of "terrorism" but a private offence committed in secrecy---Design and purpose required for an act of terrorism were non-existent and apparently there was no intention on part of accused to create a sense of fear or insecurity in the public at large---Conviction of accused under S. 7(a) of Anti-Terrorism Act, 1997 was, thus, not justified---Accused had not made any confession about his guilt before the Trial Court, thus, present case attracted S. 302(b), P.P.C. and not S. 302(a), P.P.C.---Co-accused had already been acquitted by the juvenile court, therefore, present case was not one of gang-rape, and, therefore conviction of accused under S. 10(4) of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 was not sustainable and had to be substituted by S. 10(3) of the said Ordinance---Medical evidence showed that intention of accused was not to murder the victim but to commit rape with her---Cause of death of victim was not rape or asphyxia but shock and pressure on neck of victim which might have been occasioned because of an attempt made by the accused to silence the victim---Doubts in case of prosecution may not be sufficient to acquit the accused but the same could be considered towards exercising caution in the matter of death sentence awarded to accused---Conviction and sentence of accused under S. 7(a) of Anti-Terrorism Act, 1997 were set aside, the conviction of accused for the offence under S. 10(4) of Offence of Zina (Enforcement of…

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