Case Details

Citation(s)
2005 SLG 1901 2005 SLD 1901 2005 PLD 344
Sindh High Court
Criminal Revision Application No. 88 of 2004, decided on 3rd November, 2004, DATE of hearing: 15th October, 2004.
WAHID BUX BROHI AND RAHMAT HUSSAIN, JAFFERI, JJ
Khwaja Naveed Ahmed for Applicant. Anwar Mansoor, Advocate General, Sindh assisted by Habib Ahmed, Asstt. A.G. for the State.

AMIR KHAN--Applicant

VS

THE STATE

Law:

Section:

(a) Criminal trial--- ----Intention---Connotation---Intention is a state of mind which can only be gathered from the evidence of a person's overt acts and expressions--­Court cannot look into the minds of the accused persons and has, therefore, per force to gather their intention from their words and deeds---Accused persons in each case must be deemed to have intended the natural and inevitable consequences of their actions and utterances. Consul Corfitzon v. H.M. Prosecutor General AIR 1918 PC 354; Mir Chhittan v, Emperor AIR 1937 All. 13;.Dandakar v. Emperor AIR 1930 All. 324 and The State v. Sardar Attaullah Khan Mengal PLD 1967 SC 78 ref. (b) Anti-Terrorism. Act (XXVII of 1997)--- ----Ss. 6, 7 & 8---Act of terrorism---In order to make an act punishable under the Anti-Terrorism Act, 1997, it must be shown that it bears nexus with Ss.6, 7 & 8 of the said Act. Mehram Ali v. Federation of Pakistan PLD 1998 SC 1445 and PLD 2000 SC 111 ref. (c) Anti-Terrorism Act (XXVII of 1997)--- ----S. 6---Act of terrorism---Connotation---An act of terrorism is a preplanned and organized system of intimidation, the requisites and attributes of which are that it and its effects are made known to the people and are circulated widely with exaggeration---Such act is neither hidden nor disguised and is committed with the sole object to terrorize the people and to feel them insecure. Jahangir Akhtar Awan v. State PLD 2000 Kar. 89 ref.. (d) Anti-Terrorism Act (XXVII of 1997)--- ----S. 6---Terrorism---If any person or persons commit the offence falling within the scope of subsections (1), (3) & (5) of S.6 of the Anti­-Terrorism Act, 1997, then he or they will be guilty of the act of terrorism by virtue of subsection (6) thereof. (e) Anti-Terrorism Act (XXVII of 1997)--- ----S. 6---Terrorist act and terrorism---Difference---Apparent difference between the definition of "terrorist act" and "terrorism" is that .in the earlier definition of "terrorist act" the mens rea or intention was not playing the decisive role, but in the present definition of "terrorism" under subsections (1) & (5), the mens rea or intention is the deciding factor of any act referred to in subsection…
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