| Case ID |
1770bd3b-2c63-45e6-bd35-fae4480a2e9c |
| Body |
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| Case Number |
Criminal Anti-Terrorism Jail Appeals Nos. 170 and |
| Decision Date |
Oct 28, 2021 |
| Hearing Date |
Oct 25, 2021 |
| Decision |
The court found that the prosecution had proved its case against the accused beyond a shadow of a doubt. However, considering mitigating factors like the age and the first-time offender status of the accused, the court reduced their sentences from five years to three years. The appeals were dismissed with this modification in sentence, indicating that while the evidence was strong, the court exercised its discretion in light of the circumstances surrounding the defendants. |
| Summary |
This case revolves around the conviction of two individuals, Muhammad Shakir and Abbas, for extortion and possession of unlicensed firearms. The Sindh High Court reviewed the appeals against their convictions, which were based on the charges of demanding 'Bhatta' (extortion money) under various laws including the Penal Code, the Sindh Arms Act, and the Anti-Terrorism Act. The court highlighted the importance of reliable witness testimonies and the evidence collected during the police operations, which included the recovery of extortion money and firearms. Despite the strong evidence against the appellants, the court considered their status as first-time offenders and their young age, leading to a reduction in their prison sentences. This case illustrates critical legal principles surrounding extortion, evidentiary standards, and the judicial discretion exercised in sentencing, making it a significant reference for similar future cases. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MOHAMMAD KARIM KHAN AGHA,
MRS. KAUSAR SULTANA HUSSAIN
|
| Lawyers |
Habib-ur-Rehman,
Sanaullah Brohi,
Muhammad Iqbal Awan,
Moula Bux Bhutto
|
| Petitioners |
MUHAMMAD SHAKIR,
ABAS
|
| Respondents |
The STATE
|
| Citations |
2022 SLD 3011,
2022 YLR 760
|
| Other Citations |
Muhammad Yaqoob v. The State 2020 SCMR 853,
Mushtaq Ahmed v. The State 2020 SCMR 474,
Zakir Khan v. State 1995 SCMR 1793,
Khadim Hussain v. The State PLD 2010 SC 669
|
| Laws Involved |
Penal Code (XLV of 1860),
Sindh Arms Act, 2013,
Anti Terrorism Act, 1997
|
| Sections |
385,
386,
34,
23(i)A,
7
|