| Citation(s) |
|---|
| 2020 SLG 1146 2020 SLD 1146 2020 MLD 817 |
Lahore High Court
Criminal Appeal No. 344-J of 2015, decided on 30th October, 2019, hearing Date : 30th October, 2019.
ASJAD, JAVAID GHURAL, JUSTICE FAROOQ HAIDER, JUSTICE
Javed Iqbal for Appellant. Muhammad Moeen Ali, Deputy Prosecutor General for the State.
Criminal Appeal No. 344-J of 2015, decided on 30th October, 2019, hearing Date : 30th October, 2019.
ASJAD, JAVAID GHURAL, JUSTICE FAROOQ HAIDER, JUSTICE
Javed Iqbal for Appellant. Muhammad Moeen Ali, Deputy Prosecutor General for the State.
ABDUL HASEEB YOUSAF
VS
THE STATE
Law:
Section:
Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 11-N & 6(2)(p)---Fund raising for proscribed organization---Preaching ideas as per one's own interpretation---Appreciation of evidence---Benefit of doubt---Scope---Accused was charged for cellecting funds for proscribed organization---Police recovered receipts of a Trust and motorcycle under his use containing the names of proscribed organization on the front and rear number plate---Prosecution did not produce any notification that the Trust was a banned organization or subsidiary body of the proscribed organization, as such collection of funds, specially on the receipts of said Trust, in no manner constituted any offence---No investigation was conducted from the angle that in whose name the motorcycle was registered and as such the same could not be connected with the accused in any manner, whatsoever---No case could be registered under Anti-Terrorism Act, 1997 against any individual for mentioning prohibited/objectionable words---Prosecution had failed to bring on record any piece of evidence, which connected the accused with banned organization in any capacity---Appeal was allowed and the accused was acquitted of the charge. THIS JUDGMENT DELIVERED BY: ASJAD JAVAID GHURAL, JUSTICE:---.---Through this criminal appeal under section 25 of the Anti-Terrorism Act, 1997 appellant Abdul Haseeb Yousaf has challenged the vires of judgment dated 17.02.2014 passed by the learned Judge, Anti-Terrorism Court-II, Gujranwala in case FIR No.404 dated 04.11.2013, in respect of offences under section 11-N of the Anti-Terrorism Act, 1997 registered at Police Station, City Siray Alamgir District Gujrat whereby he was convicted and sentenced as under:-- Under Section 11(N) of the Anti-Terrorism Act, 1997 Rigorous imprisonment for five years along with fine of Rs.5,000/- and in default thereof he shall further undergo S.I for six months. Under Section6(2)(p) of the Anti-Terrorism Act, 1997 Rigorous imprisonment for five years along with fine of Rs.5,000/- and in default thereof he shall further undergo S.I. for six months. The appellant was extended the benefit of section 382-B, Cr.P.C. Both the sentences were directed to run…
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