Law: Anti Terrorism Act, 1997

Section: 6,7,25

Law: Criminal Procedure Code (V of 1898)

Section: 410,423

Anti-Terrorism Act, 1997 (XXVII of 1997)-- ----Ss. 6, 7 25--Criminal Procedure Code, (V of 1898), Ss. 410 423--Applicability to particular cases--Debated Topic--Power of the Courts--Motivation, of object, design or purpose--All the acts mentioned in sub-section (2) of section 6 act if committed with design motive to intimidate government, public or a segment of society or evidence collected by prosecution suggest that aforesaid aim is either achieved or otherwise appears as a by-product of said terrorist, activities are to be dealt with by special Courts established under the act--Thus, test to determine whether a particular act is terrorism or not is motivation/ object, design or purpose behind the act and not consequential effect created by such effect--Held: It is an admitted legal position that appeal is continuation of trial. Powers of High Court as appeal Court whether under Section 25 of the act or under Section 4/10 Cr.P.C, or regulated by Section 423 Cr.P.C which confers vast powers on appeal Court regarding reversal, alteration, reduction or changing nature of sentence awarded to a convict by trial Court--High Court while exercising its powers under Section 25 ATA or 410, Cr.P.C. read with Section 423 Cr.P.C has powers to look into conviction and sentence of appellant recorded by trial Court under general law without remanding case to Court of session for deciding case in exercise of its ordinary criminal jurisdiction on the basis of evidence recorded by special Court. [Pp. 170, 172 173] A, B C Pakistan Penal Code,1860 (XLV of 1860)-- ----Ss. 302 376--Criminal Procedure Code, (V of 1898), S. 410--Conviction and sentence-Circumstantial evidence--Medical evidence--Challenge to--Benefit of doubt--Allegation--Missing of minor daughter--Dead body wrapped in sacks near house of appellant--Report reduced into Murasila--Accused arrested on the same day--Injury--It is case of rape cum murder of a minor girl for which present appellant was charged by father of deceased/victim. Fact regarding recovery of her dead body from a place near house of present appellant, therefore, in the mentioned circumstances, prosecution cannot be expected to reduce eye witness of…

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