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ZAFAR IQBAL versus STATE


Section 302 (b) of the Anti-Terrorism Act (XXVII of 1997), Section 7 (a) and 38 of the Criminal Procedure Code (V of 1898), Section 373737 murder, terror act, trial of evidence, trial Mistake or inaccuracy in the sentence entered by the source. The error in the judgment was corrected before the commencement of the Anti-Terrorism Act 1997, the trial court convicted the accused under Section 7 (a) of the Anti-Terrorism Act 1997 and suspended it under Section 302, PPC. done. The offense was committed on January 10, 1994 at the time of the declaration of judgment, before the Anti-Terrorism Act, 1997 (before the operation of the Anti-Terrorism Act 1997), so the accused was subjected to Section 7 (a) of the Anti-Terrorism Act, 1997 Can't be convicted. 38 of the Anti-Terrorism Act 1997 stipulates that in relation to offenses committed prior to the commencement of the said Act, the convicted person shall be liable to punishment as the offense was at that time. Therefore, the trial court could prosecute the accused only under Section 302, PPC and not under section 7 (a) of the Anti-Terrorism Act, 1997. In such cases the question for determination was whether there was a wrongful trial or a materially flawed trial. Due to the fact that the trial court (mistakenly) convicted the accused under Section 7 (a) of the Anti-Terrorism Act 1997, and at the time of the judgment's approval, under Section 302, PPC The charge was dropped. Accused under Section 7 (a) and Section 302 of the Anti-Terrorism Act 1997, the PPC record also showed that the accused was read the charge and he understood it, if present. The accused in the case

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