Law: Anti Terrorism Act, 1997

Section: 23

Law: Constitution of Pakistan, 1973

Section: 199

Law: Pakistan Penal Code, 1860

Section: 302,336(B)

Anti Terrorism Act, 1997 (XXVII of 1977)-- ----S. 23--Pakistan Penal Code, (XLV of 1860), Ss. 302 & 336(B)--Constitution of Pakistan, 1973--Art. 199--Application for trial in Court of ordinary jurisdiction--Dismissed--Lodging of FIR--Applicability of Section 336-B of, PPC--Question of--Whether from attending facts and circumstances as well as material available on record offence, defend under Section 336-A, which has been made punishable under Section 336-B is made out or otherwise--Acid was poured on face of dead body--Concealment of identification of dead body--It can safely be said that if a corrosive substance is thrown on a dead body, it does amount to hurt, as defined under Section 332 or 336-A, PPC and punishable under Section 336-B, PPC--In situation in hand, as stated above, acid has been poured on dead body, so that its identity may be concealed--Therefore at most offence under Section 201, PPC may be applicable and Section 336, PPC would not attract, and as such case does not come, within jurisdiction of Anti-Terrorism Court--Petition was accepted. THIS JUDGMENT DELIVERED BY: MUHAMMAD TARIQ ABBASI, JUSTICE- This writ petition, calls in question, the order dated 15.02.2017, passed by the learned Judge Anti-Terrorism Court, Dera Ghazi Khan, whereby application under Section 23 of Anti-Terrorism Act, 1997(hereinafter referred to as the Act), moved by the petitioner, has been dismissed. 2. The FIR No. 580, dated 24.12.2012, under Section 302, PPC, at Police Station Kot Mithan, District Rajanpur, was got lodged by Umer Khan S.I. with the precise contentions that dead body of a woman having strangulation in her neck was recovered and that forehead, left cheek and feet of the body were also cut by some animal. 3. The case was investigated when the present petitioner and six others, namely, Muhammad Saleem, Rana Mehmood Ahmad, Muhammad Ahmad Faiz Rasool, Muhammad Bilal, Ghulam Mustafa and Qari Ghulam Abbas, were found to be involved, hance arrayed as accused. It was found that in the occurrence acid was also used, therefore offence under Section 336-B, PPC, was added and consequently matter was referred to the learned Judge Anti-Terrorism Court, Dera…

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