| Citation(s) |
|---|
| 2018 SLG 2087 2018 SLD 2087 2018 PLJ 607 |
Lahore High Court
Crl. Appeal No. 604 of 2017 (ATA), heard on 20.03.2018.
MUHAMMAD TARIQ ABBASI, JUSTICE ASJAD, JAVAID GHURAL, JUSTICE
Khawaja Qaiser Butt, Advocate for Appellant. Mr. Malik Riaz Ahmed Saghla, D.P.G. for State.
Crl. Appeal No. 604 of 2017 (ATA), heard on 20.03.2018.
MUHAMMAD TARIQ ABBASI, JUSTICE ASJAD, JAVAID GHURAL, JUSTICE
Khawaja Qaiser Butt, Advocate for Appellant. Mr. Malik Riaz Ahmed Saghla, D.P.G. for State.
MUJAHID ISLAM
VS
STATE AND ANOTHER
Law:
Section:
Anti-Terrorism Act, 1997 (XXVII of 1997)-- ----Ss. 9, 11 & & 25--Pakistan Penal Code, (XLV of 1860), Ss. 124-A & 137--Criminal appeal--Conviction and sentence--Challenge to--Sentence altered--Allegation of preaching three boys for jihad and apprehended at spot, none of boys could be arrested to verify factum--Different book-lets containing hateful material including CD's etc. were recovered--No evidence of belonging to any banned organization or indulging in any anti-state activity or any act of sedition--Recovery of hate material concerning religious differences amongst different Muslim Schools of though, against concept of democracy and so dangerous and hatred, which could create anarchy in society--No evidence of printing and publishing--Appellant acquitted of charge under Section 124-A, PPC and Section 11 r/w of ATA, 1997--Possession of hatred material does fall under Section 8(D) of ATA 1997, punishable u/S. 9 of ATA--Conviction is altered u/S. 9 of Act--Appellant suffered agony of trial--Sentence of imprisonment already served out by appellant is sufficient--Sentence altered--Appeal dismissed. THIS JUDGMENT DELIVERED BY: Asjad Javaid Ghural, J.- Through this appeal under Section 25 of the Anti-Terrorism Act, 1997 appellant Mujahid Islam has challenged the vires of judgement dated 29.05.2017 passed by the learned Judge, Anti-Terrorism Court, Sahiwal in case FIR No. 133 dated 07.03.2015, in respect of offences under Sections 124-A & 131, PPC read with Sections 11-W of the Anti-Terrorism Act, 1997, & Section 16(1) (i), (2) of the Protection of Pakistan Act, 2014 registered at Police Station Fateh Sher, District Sahiwal whereby he was convicted and sentenced as under:-- Under Section 124-A, PPC Imprisonment for three years with fine of Rs. 2,00,000/- and in default thereof to further undergo simple imprisonment for six months. Under Section 11-W of the Anti-Terrorism Act, 1997 Rigorous imprisonment for four years with fine of Rs. 2,00,000/- and in default thereof to further undergo simple imprisonment for six months. All the aforesaid sentences were directed to run concurrently. He was given the benefit of Section 382-B, Cr.P.C. 2. The…
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