Law: Penal Code (XLV of 1860)

Section: 302(c),34

Law: Anti Terrorism Act, 1997

Section: 7(a),21-L

Penal Code (XLV of 1860)--- ----Ss. 302(c) 34---Anti-Terrorism Act (XXVII of 1997), Ss. 7(a) 21-L---Qatl-i-amd, common intention, acts of terrorism---Appreciation of evidence---Punishment for an absconder---Accused was charged for committing murder of the deceased---Accused were declared proclaimed offenders and were convicted---Scope---Record transpired that no charge was framed against the accused under S. 21-L of Anti-Terrorism Act, 1997---Record also reflected that no evidence was recorded to prove the ingredients of S. 21-L of the Act---Trial Court also failed to formulate point for determination regarding the offence under S. 21-L of the Act, in the impugned order---No evidence to show that absconsion of the accused was intentional and no finding had been recorded by the Trial Court to the effect that accused was fugitive of the law---Procedure adopted by the trial judge in convicting and sentencing the accused under S. 21-L of the Act, appeared to be absolutely illegal---Accused, indeed had been convicted and sentenced for an offence punishable under S. 21-L of the Act, in a cursory manner by the trial judge on adopting the procedure, which was violative of Arts. 9 10(1) of the Constitution, and S. 10(11-A) of the Act, which could not be consented---Appeal against conviction was allowed and the case was remanded to the Trial Court to frame charge under S. 21-L of the Act, against the accused as well as for the alleged offence and to further proceed in accordance with the law. Mir Akhlaq Ahmed and others v. The State 2008 SCMR 951 rel. JUDGMENT ROZI KHAN BARRECH, J.--- The appellant by way of the instant appeal has impugned the conviction and sentence awarded to him by learned Judge, Anti-Terrorism Court Dera Allah Yar (trial court), through the order dated 25.03.2015 (impugned order) passed in ATC Case No.09 of 2015 which inter alia reads as under: For the forgoing reasons, absconding offenders, namely, Ameer Ali alias Mullan son of Meeran Bakhsh, Meeran Bakhsh alias Matru son of Lanja, by caste Bugti, are hereby declared being proclaimed offenders, therefore, they are convicted under section 21-L of Anti-Terrorism Act, 1997 and sentenced them to suffer…

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