LAHORE: The Lahore High Court has set aside an order of an anti-terrorism court and referred the trial of an alleged gang rape with mother and her daughter in Chuhng to the sessions court.
Mansab Ali and other suspects filed a petition in the high court challenging the inclusion of the charges of terrorism and kidnapping for ransom in the FIR.
The police registered an FIR under sections 365-A, 392, 376(ii) and 376(iii) of the PPC & 7 of the Anti-Terrorism Act, 1997.
The trial court dismissed a petition of the suspects against the charges of terrorism and kidnapping for ransom.
Allowing the appeal of the suspects, a division bench of the LHC observes that the story narrated in the FIR does not show any demand of property, valuable security or to compelling the complainant or her daughter to comply with any other demand in cash or otherwise.
The bench notes if the interpretation made by the trial court is allowed, then in every rape case the Section 365-A of PPC, which deals with the offence of kidnapping for ransom, might be added.
The bench allows the petition of the suspects and sets aside the decision of the trial court with an observation that the proceedings shall be referred to a sessions court for its trial.
Published in Dawn, May 17th, 2022
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