WAHID alias FARHAN vs THE STATE
This criminal appeal challenges the judgment of the Anti-Terrorism Court convicting the appellants under Section 392 of the Pakistan Penal Code 1860 and Section 7-B of the Anti-Terrorism Act, 1997 for vehicle snatching. The core legal question concerned the appropriate categorization of the offense as vehicle snatching and the quantum of sentence awarded. The court held that since the offense relates to vehicle-snatching punishable under the Anti-Terrorism Act, 1997, the substantive sentence under Section 392 of the Pakistan Penal Code 1860 should be aligned and reduced. The court laid down that sentences for specialized offenses under anti-terrorism legislation involving vehicle snatching must appropriately reflect the statutory parameters, and the benefit of concurrent running of sentences along with Section 382-B of the Code of Criminal Procedure 1898 should be extended.
- Whether the sentence for vehicle snatching under Section 392 of the Pakistan Penal Code 1860 can be reduced to align with the maximum punishment provided under the Anti-Terrorism Act, 1997?
- Can the benefit of Section 382-B of the Code of Criminal Procedure 1898 be extended to appellants convicted under anti-terrorism laws?
- Whether substantive sentences awarded under different provisions of the Pakistan Penal Code and the Anti-Terrorism Act can be ordered to run concurrently?
- Section 392, Pakistan Penal Code 1860
- Section 7-B, Anti-Terrorism Act, 1997
- Section 382-B, Code of Criminal Procedure 1898
- Section 324, Pakistan Penal Code 1860
- Section 353, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 342, Code of Criminal Procedure 1898
- Section 7-A, Anti-Terrorism Act, 1997
' ABDUL HAMEED DOGAR, J.---By a common judgment we propose to dispose Special Anti-Terrorism Appeals Nos. 165 and 166 of 1999 as they arise out of one and the same judgment.
2. Appellants Wahid alias Farhan and Humayoon have assailed _judgment dated 28-10-1999, passed by Mr. Arshad Noor Khan, Judge, Anti-Terrorism Court No,III, Karachi, whereby they were convicted under section 392, P.P.C. And sentenced to suffer R.I. For 10 years and fine of Rs,25,000 each and in case of default of payment of fine to undergo further R.I. For one year. They were also convicted under section 7-B of the Anti-Terrorism Act, 1997 (hereinafter to be referred to as "the Act") and were sentenced to suffer R.I. For 7 years and a fine of Rs,25,000 each and in case of default of payment of fine, they were ordered to suffer R.I. For one year more. Both sentences were ordered to run concurrently with benefit of section 382-B, Cr.P.C.
3. The brief facts of the prosecution case are that on 10-7-1999 at about 2-45 p.m. The appellants snatched Suzuki Hi-Roof, bearing registration No,CK-1596, model 1997 on pistol point from complainant. Nazeer Ahmed, while he was passing from near Bungalow No,B-71, Gulistan-e- Mustafa, Malir, Karachi and fled away. Thereafter, the complainant went and narrated the facts to his employer Asim, who accompanied him and went to police station, but their case was not registered, as such they started searching personally. It was on 13-7-1999, when a case regarding the incident was lodged by Al-Falah. Police. The case of prosecution further is that on 13-7-1999 the appellants were arrested and snatched vehicle was recovered from their possession after an encounter with Al-Falah Police so another F.I.R. No,77 of 1999 was also registered under sections 324/353, P.P.C. The appellants were arrested and on completion of investigation they were sent up to face trial before the above mentioned Court.
4. A charge was framed against the appellants under section 392/34, P.P.C. Read with section 7-B of the Act, to which they pleaded not guilty and claimed trial.
5. At trial the prosecution examined P.W. Nazeer Ahmed, P.W. Raja Muhammad Javed, P.W. PC Anwar Sher, P.W. Rao Muhammad Iqbal, P.W. Judicial Magistrate, Pervez Qadir Memon and P.W. PC Muhammad Ateeq. P.W. S.-I. Farhan Ahmed Siddiqui, whereas gave up Inspector Rao Muhammad Aslam and then the prosecution closed its side.
6. The appellants in their respective statements under section 342, Cr.P.C. Denied the commission of offence and pleaded their innocence. Appellant Wahid stated that while he was passing near the place of incident, he sustained injuries because of reckless firing of police party and after his arrest the weapons as well as alleged Suzuki were foisted upon him. They neither examined themselves on oath nor led any evidence in defence.
7. We have heard M/s. Shahadat Awan and Hassan Jaffer Rizvi for the appellants and Mr. Syed Jalil A. Hashmi, Assistant Advocate-General on behalf of the State and have gone through the record and proceedings of the case.
8. At the very outset it is contended by the learned counsel for the appellant that the alleged offence is regarding vehicle snatching, as such the charge should have been framed in this case under section 7-A punishable under section 7-B of the Act, as such they submit that the maximum punishment provided is 7 years. They further stated that they would be satisfied if the substantive sentence is reduced from 10 years to 7 years under section 392, P.P.C. And the sentence in both provisions of law, i,e, 392/34, P.P.C. And section 7-B of the Act are ordered to run concurrently, to which the learned A.A.-G. Has no objection.
9. We have gone through. The contents of the case of prosecution and evidence. It clearly transpires that the offence alleged is of vehicle-snatching, which, according to the Act, is punishable under section 7-B with 7 years' R.I. And fine. Accordingly, we reduce the sentence from 10 years' to 7 years' R.I. Under section 392/34, P.P.C. And maintain the conviction and sentence under section 7-B of the Act. However, we maintain the fine of Rs,25,000, but reduce its sentence from one year to six months in case of default of payment of fine. The benefit of section 382-B, Cr.P.C. Be extended to the appellants and the substantive sentences awarded to the appellants are ordered to run concurrently.
Sentence reduced.