Law: Anti Terrorism Act, 1997

Section: 7,21-L

Law: Criminal Procedure Code (V of 1898)

Section: 87,88

Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 7 & 21-L---Criminal Procedure Code (V of 1898), Ss. 87 & 88---Summary trial---Appreciation of evidence---Punishment for absconder---First Information Report was lodged against accused persons for qatl-i-amd, attempt to qatl-i-amd and rioting armed with deadly weapons---Trial Court acquitted accused persons but absconding accused was convicted and sentenced to various counts of imprisonment in summary proceedings---Validity---No charge was framed against absconding accused under S. 21-L of Anti-Terrorism Act, 1997 and no evidence was recorded to prove ingredients of S.21-L of Anti-Terrorism Act, 1997---Trial Court also failed to formulate a point for determination regarding offence under S.21-L of Anti-Terrorism Act, 1997 in ---No evidence was available to show that absconsion of accused was intentional and no finding was recorded by Trial Court to effect that absconding accused was fugitive of law---Trial Court in a cursory manner convicted and sentenced accused under S.21-L, Anti-Terrorism Act, 1997 and procedure adopted by Trial Court in convicting and sentencing accused under S. 21-L of Anti-Terrorism Act, 1997 was illegal---High Court set aside conviction and sentence awarded to accused by Trial Court and acquitted him of the charge---Appeal was allowed in circumstances. Mir Akhlaq Ahmed and others v. The State 2008 SCMR 951 rel. JUDGMENT ROZI KHAN BARRECH, J.---The appellant by way of instant appeal has impugned the conviction and sentence awarded to him by learned Judge, Anti-Terrorism Court-II, Quetta ("trial court"), through judgment dated 31.02.2012 ("impugned judgment") passed in Case No.16 of 2010 which inter alia reads as under: "So the accused in the light of above discussion has committed an offence under section 21-L of the Anti-Terrorism Act 1997. He is convicted under section 21-L of the A.T.Act, 1997 and sentenced to 10 years' Rigorous imprisonment with fine of Rs.30,000/-." 2. The facts in brief necessary for disposal of instant appeal are that on 3.12.2008, FIR No. 70/2008 was lodged with Police Station City Chaman on complaint of Abdul Wasay with the allegation that he runs a trading…

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