| Citation(s) |
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| 2025 SLG 1882 2025 SLD 1882 = 2025 SHC 1373 |
Spl. Crl. Anti Terrorism Appeal No. 113 of 2015
Mr. Justice Mohammad Karim Khan Agha Mr. Muhammad Saleem Jessar
Apellant: Bashir Ahmad S/o Karim Bux through Mr.Iftikhar Ahmad Shah,Advocate For State: Through Mr.Muhammad Iqbal Awan,Deputy Prosecutor General
Law: Pakistan Penal Code, 1860
Section: 363, 364-A
Law: Anti Terrorism Act, 1997
Section: 7(e)
Law: Code of Criminal Procedure, 1898
Section: 382-B,423
Summary:
The appellant, Bashir Ahmed, was accused of kidnapping a minor girl, Nimra, aged about 8-9 years, from her neighborhood in Karachi.The incident was reported by the complainant, Ahsan Mehmood, after his niece did not return home from playing outside.Police, acting on information from local residents, discovered Nimra tied up inside a house. Bashir Ahmed was apprehended at the scene.The trial court convicted Bashir Ahmed under Section 7(e) of the Anti-Terrorism Act (ATA), 1997, and sentenced him to life imprisonment.On appeal, the High Court reassessed the evidence and found that the requirements for Section 364-A PPC (kidnapping with intent to murder, harm, or exploit) and Section 7 ATA (terrorism) were not met, but that the evidence supported a conviction under Section 363 PPC (simple kidnapping).
Core Points of the Judgment
No Evidence of Terrorism: The court found no intent or design to cause terror, so the provisions of the ATA did not apply.
No Evidence for Section 364-A PPC: There was no evidence that the kidnapping was for murder, grievous harm, slavery, or lust.