Law:

Section:

(i) Criminal Trial-- —-Attempt to hijack plane-Offence of-Conviction for-Challenge to-- Testimony of prosecution witnesses has not been shattered despite lengthy cross-examination-Prosecution witnesses had no enmity with appellant to falsely implicate  im-Possession of loaded pistol is not denied by appellant- Prosecution witnesses are independent, reliable and natural-Ocular evidence coupled with medical evidence, undisputedly establishes infliction of pistol injuries by appellant on person of  ecurity guard Liaqat Hussain-Held: Appellant is responsible for commission of offences for which he has been convicted by trial court.                                                                                           [Pp.9697]BC  (ii) Jurisdiction— —Attempt to hijack plane-Offence of-Conviction for-Challenge to-Whether Special Court constituted under Suppression of Terrorist Activities Act, 1975, had jurisdiction to try accused for offences under Section 307 PPC and section 13-E of Arms Ordinance—Question of—Amended provisions of schedule to Suppression of Terrorist Activities Act, 1975 would show that offences of murder and attempt to murder when committed in course of offence specified in paragraph (a) which includes hijacking, or offences covered by clauses (a), (b) and (c) relating to Explosive Substances Act and Arms Ordinance, shall be exclusively triable by Special Court-Held: All offences committed by appellant in attempting to hijack plane, were certainly triable by Special Court. [P.96]A (iii) Pakistan Penal Code, 1860 (XLV of 1860)-- —S. 402-B-Attempt to hijack plane-Offence of-Conviction for-Challenge to--Hijacking or attempt to commit hijacking are both punishable with death or life imprisonment-Contention that if an accused hijacks a plane, he is to be awarded death sentence but if he fails in attempt, he should be awarded alternative punishment otherwise alternative sentence shall lose its efficacy-Held: There…

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