Law:

Section:

Pakistan Army Act (XXXIX of 1952)-------Ss. 55 & 84(a)---Penal Code (XLV of 1860), S. 377---Constitution of Pakistan, Arts. 185(3) & 199(3)---Unnatural offence---Field General Court Martial---High Court, interference of---Accused was an army personal who was convicted and sentenced by Field General Court Martial for committing sodomy---High Court declined to interfere in conviction awarded to accused by Field General Court Martial---Validity---Any action or order of any authority relating to Armed Forces of Pakistan, which was either corum non judice, mala fide, or without jurisdiction, the same could be challenged before High Court and bar contained under Art. 199(3) of the Constitution would cease to operate---Neither order passed by Field General Court Martial was a case of no evidence or that evidence led by prosecution was insufficient to convict accused---Victim had himself described forced sexual encounter of accused, when he committed unnatural offence and the same was corroborated by medical evidence on record---Supreme Court declined to interfere in the passed by High Court---Petition was dismissed in circumstances. Sabur Rehman and another v. Government of Sindh and 3 others PLD 1996 SC 801; Dilawar Jan v. Gul Rehman and 5 others PLD 2001 SC 149 and Rahim Shah v. The Chief Election Commissioner of Pakistan and another PLD 1973 SC 24 ref. Brig. (R) F.B. Ali and another v. The State PLD 1975 SC 506; Federation of Pakistan and another v. Malik Ghulam Mustafa Khar PLD 1989 SC 26; Shahida Zahir Abbasi and 4 others v. President of Pakistan and others PLD 1996 SC 632; Sardar Farooq Ahmed Khan Leghari and others v. Federation of Pakistan and others PLD 1999 SC 57 and Mushtaq Ahmed v. Secretary Ministry of Defence PLD 2007 SC 405 rel. Col. (R) Muhammad Akram, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 31st July, 2013. ORDER SARMAD JALAL OSMANY, J.---This petition impugns the judgment of the learned Lahore High Court in W. P. No. 1595 of 2005 filed by the petitioner, which was dismissed vide Order dated 18-1-2013. 2. Briefly stated the facts of the case are that the petitioner…

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