Case Details

Citation(s)
2024 SLG 5521 2024 SLD 5521 2024 PCRLJ 1135
Lahore High Court
Criminal Revision No. 17417 of 2022, decided on 25th April, 2022.
Before Ali Baqar Najafi and Farooq Haider, JJ.
Ch. Waseem Ahmed Gujjar for the Petitioner. Rai Akhtar Hussain, DPG with Sanaullah, ASI for the State.

MANSAB ALI---Petitioner

VERSUS

The STATE and others---Respondents

Law: Pakistan Penal Code, 1860

Section: 365-A, 376(2), 376(3) & 392

Law: Anti Terrorism Act, 1997

Section: 7 & 23

Law: Code of Criminal Procedure (CrPC), 1898

Section: 439,435

Penal Code (XLV of 1860)-------Ss. 365-A, 376(2), 376(3) & 392--- Anti-Terrorism Act (XXVII of 1997), Ss. 7 & 23--- Criminal Procedure Code (V of 1898), S. 439---Abduction of ransom, rape, dacoity and terrorism--- Anti-Terrorism Court, jurisdiction of---Scope---Accused was aggrieved of order passed by Anti-Terrorism Court declining to transfer the case to Court of ordinary jurisdiction---Validity--- Demand of ransom for release of either property, cash or otherwise was the ingredients which must be present to attract provisions of S.365-A, P.P.C.---There was no demand of ransom of cash either from complainant or her relative---Irrational interpretation of word "any other demand" by extending it to 'compel a woman for a sexual intercourse' could not be adopted by High Court---Offences under Ss.365-B & 376, P.P.C., exclusively dealt with the offenses of rape, sexual intercourse with a woman against her will by putting her under fear of death etc.---High Court directed Anti-Terrorism Court to transfer the case to Court of Sessions Judge to try the case himself or entrust it to some other Additional Sessions Judge---Resultantly order in question was set aside--Revision was allowed accordingly.Junaid Rehman and others v. The State and others PLD 2011 SC 1135; Faheema Ahmed Farooqui v. The State 2008 SCMR 1572; Muhammad Nabi and 4 others v. The State 2006 SCMR 1230; The State through Advocate-General, Sindh v. Mooso 2006 SCMR 1257; The State v. Nazir Ahmad and others 1999 SCMR 610 and The State through Advocate-General, Sindh, Karachi v. Farman Hussain and others PLD 1995 SC 1 rel.ORDERThrough this Criminal Revision under Section 435 read with Section 439 Cr.P.C. order dated 07.03.2022 passed by the Judge, Anti-Terrorism Court No.III, Lahore has been challenged whereby application under Section 23 of the Anti-Terrorism Act, 1997 filed by the petitioner for the transfer of trial of case FIR No. 2685 dated 23.08.2021 registered under Sections 365-A, 392, 376(ii), 376(iii), P.P.C. and 7 of the Anti-Terrorism Act, 1997 at Police Station Chung, Lahore to ordinary court was dismissed.2.    Brief facts giving rise to the filing of this…
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