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MAQBOOL AHMAD AND ANOTHER versus STATE


Section 10 (4) (3) of the Anti-Terrorism Act (XXVII of 1997), Section 38 of the Constitution of Pakistan (1973), Article 12 Rule ced Practical and Solid Law The former Impact Scope Trial Court under section 10 (4) of the offense of adultery Sentenced to the accused / appellant. Hoodood) Ordinance, 1979, and he was sentenced to life imprisonment. The High Court affirmed the trial. , Because the aforementioned section was introduced in December 1997 through an amendment while the crime took place on 6 April 1997. That section 10 (3) of the Ordinance was applicable in the case of the accused and that the accused was not required to be tried by the Anti-Terrorism Court since the accused had committed the crime before the declaration of the Anti-Terrorism Act 1997 ? When, according to Section 10 (3) of the Criminal Prohibition (Enforcement Hood) Ordinance 1979, the punishment for the offense committed was 25 years and thirty lapses but Section 10 (4) of the Ordinance was introduced after the date. The commission of the crime, therefore, cannot be punished under any of the above mentioned sentences, violating Article 12 of the Constitution, accusing it of committing a crime before the commencement of the Anti-Terrorism Act 1997. Under which the established court was to proceed with the case. The aforesaid act but punished when the crime took place was to be in accordance with the existing law. Provided that the trial of the accused by the Anti-Terrorism Court is in accordance with the law, as under Section 35 of the Anti-Terrorism Act, 1997, the security officer was sentenced to life imprisonment for 20 years.

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