| Citation(s) |
|---|
| 2025 SLG 2158 2025 SLD 2158 = 2025 SHC 1468 |
Spi. Criminal A.T.A. No.215 of 2019 Spi. Criminal A.T.A. No.216 of 2019
Mr.Justice Mohammad Karim Khan Agha Mr. Justice Khadim Hussain Tunio
Apellant:Aijaz @ Vicky S/o. Muhammad saleem through Syed Kashif Ali, Advocate Respondent: The State through Mr Muhammad Iqbal Awan, Additional Prosecutor General
Law: Pakistan Penal Code, 1860
Section: 365-A, 109, 34
Law: Anti-Terrorism Act, 1997
Section: 6(1)(b), 7(2)(e), 7(2)(n)
Law: Arms Ordinance, 1965
Section: 13-D
Law: Criminal Procedure Code (V of 1898)
Section: 342,382-B
Summary:
The appellant, Aijaz @ Vicky, was convicted by the Anti-Terrorism Court VI, Karachi, for kidnapping for ransom under sections of the Pakistan Penal Code (PPC) and Anti-Terrorism Act (ATA) 1997, along with possession of unlicensed firearms under the Arms Ordinance. The appellant challenged the conviction through appeals.
The court after reviewing the evidence found the prosecution had sufficiently proven the kidnapping and ransom case beyond reasonable doubt. The appellant was arrested with ransom-related materials and unlicensed weapons, corroborating the charges.
However, relying on the Supreme Court precedent (Ghulam Hussain v. State PLD 2020 SC 61) and a recent related case (Hadi Bux v. State), the court held that while the kidnapping and arms charges stood, the application of anti-terrorism provisions was not appropriate as no terrorism nexus was established in this case.