| Case ID |
ed23ac2a-3c0d-4bc4-b1ed-aca96490c204 |
| Body |
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| Case Number |
Special Criminal Anti-Terrorism Appeal No. 14 of 2 |
| Decision Date |
Dec 07, 2004 |
| Hearing Date |
Nov 25, 2004 |
| Decision |
The appeal was allowed, setting aside the conviction and sentence awarded to the appellants under the impugned judgment. The case was remanded to the trial court for rehearing and passing appropriate judgment in accordance with law. The court found that the trial court had improperly awarded a composite sentence that exceeded the permissible limits under the relevant sections of law, which constituted an illegality that could not be cured under section 537 of the Criminal Procedure Code. The court emphasized the need for separate convictions for distinct offences and the necessity for adherence to the specific sentencing provisions of the Anti-Terrorism Act. |
| Summary |
In the case of Special Criminal Anti-Terrorism Appeal No. 14 of 2004, the Sindh High Court addressed significant legal issues regarding the sentencing of the appellants under the Anti-Terrorism Act and the Criminal Procedure Code. The court scrutinized the validity of composite sentences imposed by the trial court, highlighting that such sentences must align with the statutory provisions governing the offences charged. The court's decision underscores the importance of legal compliance in sentencing, aiming to prevent miscarriages of justice. This case serves as a crucial reference for legal practitioners regarding the procedural safeguards in criminal law, particularly in anti-terrorism matters. Keywords: Anti-Terrorism Act, Criminal Procedure Code, composite sentence, legal compliance, Sindh High Court. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Wahid Bux Brohi,
Rahmat Hussain Jafferi
|
| Lawyers |
Maqbool-ur-Rehman,
Habib Ahmad
|
| Petitioners |
Muhammad Ashraf
|
| Respondents |
The State
|
| Citations |
2005 SLD 1806,
2005 PLD 340
|
| Other Citations |
Murlidhar v. State AIR 1953 All. 245,
Sayed Khalid Raza v. State Spl. ATA No.9 of 2004
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Anti Terrorism Act, 1997
|
| Sections |
367(2),
537,
11G(1)(a),
11F(5)(6)
|