Law: Anti Terrorism Act, 1997

Section: 25(4A),7

Law: Pakistan Penal Code, 1860

Section: 302(b)/34,324/34,337A(ii)

(a) Anti-Terrorism Act (XXVII of 1997)---S. 25(4-A) [as added by Anti-Terrorism (Second Amendment) Act, 2004 (II of 2005)]---Insertion of subsection (4-A) in S.25 of the Anti-Terrorism Act, 1997---Effect---Amendment brought in Anti-Terrorism Act, 1997, vide subsection (4-A), of S.25 by the Anti-Terrorism (Amendment) Act, 2004, being purely procedural in nature, has to govern the pending cases/proceedings as well, because it had not taken away any right vesting in the accused. Aftabuddin Qureshi and another v. Mst. Rachel Joseph and another PLD 2001 SC 482; Muhammad Afzal v. Karachi Electric Supply Corporation 1999 SCMR 92; Adnan Afzal v. Sher Afzal PLD 1969 SC 187 and Colonial Sugar Refining Company Limited Irving 19065 AC 369 ref. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b)/34, 324/34 & 337-A(ii)---Anti-Terrorism Act (XXVII of 1997), S.7---Appraisal of evidence---Occurrence was not denied---Presence of eye-witnesses at the place of occurrence was not challenged--.Manner in which the occurrence took place was not disputed, rather the same was impliedly admitted---Occurrence, thus, had taken place in the manner as suggested by the prosecution---Three persons had been killed and another one person had been grievously injured in the occurrence which had taken place in a Bazaar opposite a Bank, but the F.I.R. had no contents to the effect that the incident had struck terror or panic in the public, and in the absence of any evidence that the incident had created sense of fear or insecurity in the public or any section of public or community or any sect, S.7 of the Anti-Terrorism Act, 1997, was not attracted in the case---Motive behind the occurrence was previously strained relations between the parties and no evidence was brought on record to show that the object was not to kill the deceased, but also to strike terror etc. in the general public as stated above---Conviction and sentence of accused under S.7 of Anti-Terrorism Act, 1997, was consequently set aside, but their rest of the convictions and sentences were upheld in circumstances. Aftabuddin Qureshi and another v. Mst. Rachel Joseph and another PLD 2001 SC 482; Muhammad Afzal v. Karachi Electric…

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