Law: Criminal Procedure Code (V of 1898)

Section: 242,342

Law: Penal Code (XLV of 1860)

Section: 302,316,365-A

Law: Anti Terrorism (Amendment) Act, 2004

Section: 7(e)

Criminal Procedure Code (V of 1898)--- ----Ss. 242 & 342---Penal Code (XLV of 1860), Ss. 302, 316 & 365-A---Anti-Terrorism Act (XXVII of 1997), S. 7(e)---Qatl-i-amd, qatl-i-shibh-amd, kidnapping or abduction for extorting property, valuable security etc, act of terrorism---Remand of case to Trial Court for de novo trial---Propriety---Charge was framed against the accused and he pleaded guilty only to the extent of abduction of deceased but not his murder and claimed trial---Statements of eleven prosecution witnesses were recorded and after that the accused was examined under S. 342, Cr.P.C.---Accused even produced defence evidence and ultimately he was convicted and sentenced by the Trial Court---Since the Trial Court convicted and sentenced the accused after a full-fledged trial, the impugned order of High Court remanding the case to the Trial Court for de novo trial was not sustainable in the eyes of law---Counsel for accused was not able to point out any procedural lacuna in the of the Trial Court under the relevant provisions of the Code of Criminal Procedure necessitating remand of case for de novo trial---Impugned order of the High Court was set-aside in circumstances---Supreme Court directed that criminal appeal filed by the accused before the High Court would be deemed to be pending and the same shall be decided after re-appraisal of entire evidence available on record. THIS ORDER PASSED BY: MANZOOR AHMAD MALIK, JUSTICE:---.---Impugned herein is the order dated 02.05.2017 passed by the learned Division Bench of Lahore High Court whereby while hearing appeal of respondent No.1 against his conviction/sentence as well as the CSR transmitted by the learned Judge Anti-Terrorism Court Faisalabad, the case was remanded to the learned trial court for de novo trial. 2. Having faced trial in case FIR No. 68 dated 01.02.2014, offence under sections 302/365-A, P.P.C., registered at P.S. Samanabad, Faisalabad, the respondent No.1 was convicted by the learned Judge, Anti-Terrorism Court, Faisalabad vide judgment dated 24.03.2014 as under:- "therefore, I convict him under section 365-A of P.P.C. and sentence him to death. He is also convicted under section…

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