Law:

Section:

Penal Code (XLV of 1860)--- ----S. 377---Anti-Terrorism Act (XXVII of 1997), Ss.6, 7, 12 & 23---Criminal Procedure Code (V of 1898), Ss.417(2-A) & 345---Sodomy, act of terrorism---Appeal against acquittal---Appreciation of evidence---Compromise---Accused was booked for offence under S.377, P.P.C., but during investigation Ss.6 & 7 of Anti-Terrorism Act, 1997, were also added and after completion of investigation, challan was sent to the Court of Anti-Terrorism---Trial Court recorded statements of father, mother, one uncle of the victim and some Jirga members to the effect that a compromise had been effected between the parties---Trial Court on the same date, acquitted accused from the charges---Validity---Trial Judge, had accepted the compromise, illegally and passed acquittal in excess of his jurisdiction; because the offence was not one of 'Terrorism' and Trial Judge wrongly and illegally took cognizance of the case under S.12 of the Anti-Terrorism Act, 1997---Trial Court should have sent back the case to ordinary court of jurisdiction, even if no application under S.23 of Anti-Terrorism Act, 1997 was filed by the either party---Trial Court instead of laying off its hands, jumped into the case and assumed jurisdiction and despite resistence from State Counsel that case of sodomy was not compoundable, accepted compromise and acquitted accused from the charges on the same day---Such urgency, was because of some extraneous considerations and not to advance the cause of justice---Appeal filed by the State was accepted by the Chief Court and impugned passed by the Anti-Terrorism Court, was set aside---Provisions of Ss. 6 & 7 of Anti-Terrorism Act, 1997, being not attracted to the case, same were deleted from the challan and case was transferred from the Anti-Terrorism Court to the Sessions Judge for assuming adjudication and to start trial of accused. THIS JUDGMENT DELIVERED BY: MALIK HAQ NAWAZ, JUSTICE:---.--- The respondent was booked for the offences under section 377, P.P.C. vide FIR No. 32/2025 of police station Yasin, District Ghizer. 2. The FIR was lodged by one Mst. Khush Begum mother of the victim Hassan Akbar alleging therein that on…

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