Application for deletion of S.7 of the Anti Terrorism Act, 1997

2020 Y L R Note 87  [Peshawar (Mingora Bench)]

—-S. 377—Khyber Pakhtunkhwa Child Protection and Welfare Act (XIII of 2010), S.53—Anti Terrorism Act (XXVII of 1997), Ss. 7 & 23—Sodomy, sexual abuse, act of terrorism—Application for deletion of S.7 of the Anti Terrorism Act, 1997, from the FIR and sending the case to regular court was dismissed— Validity— Accused-petitioner was charged for committing rape of minor victim aged about eleven years, inside the house of the accused—Record showed that the offence for which accused-petitioner was charged was neither a scheduled offence nor was punishable under S. 7 of the Anti-Terrorism Act, 1997 but was triable by ordinary court of law—Committing rape with a child aged about 10/11 years within the boundary wall of a house neither had the element of creating terror in the society nor the same was an offence under subsection (2) of S.6 of the Anti-Terrorism Act, 1997, therefore, its trial by the Anti Terrorism Court was not warranted—Petition was allowed—High Court directed the case to be transferred under S.23 of the Anti-Terrorism Act, 1997 to the Sessions Judge, for further proceedings in the case in accordance with law.

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