Law:

Section:

Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979)-------Ss. 7, 17(3) & 20---Penal Code (XLV of 1860), S. 394---Constitution of Pakistan, Art. 203-D--- Dacoity (Haraabah)--- Appeal---Maintainability---Federal Shariat Court---Jurisdiction---Accused was convicted by Trial Court under S. 394, P.P.C. for committing dacoity and was sentenced to five years of imprisonment---Validity---Trial Court was required under S. 20 of Offences Against Property (Enforcement of Hudood) Ordinance, 1979, to hold that Haraabah was not liable to punishment provided for in S. 17 of Offences Against Property (Enforcement of Hudood) Ordinance, 1979, or for which proof in either of the forms mentioned in S. 7 of Offences Against Property (Enforcement of Hudood) Ordinance, 1979, was not available and only then punishment under relevant provision of P.P.C. would be passed---Under Art. 203-DD of the Constitution, it was the competence of Federal Shariat Court to examine correctness, legality or propriety of any finding, sentence or order recorded or passed by---Finding of Trial Court with reference to S.20 of Offences Against Property (Enforcement of Hudood) Ordinance, 1979, was to be examined by Federal Shariat Court and not by High Court as it was the object and purpose of Art. 203-D of the Constitution---Appeal was continuity of proceedings of trial and where trial was for an offence relating to enforcement of Hudood, then regardless of its decision under any law, appeal was to lie with Federal Shariat Court and not to the High Court---Appeal was returned in circumstances. 2009 PCr.LJ 747; 1999 PCr.LJ 1761; 2012 PCr.LJ 1491; Attaullah's case PLD 2002 SC 534; 1997 PCr.LJ 1900; 2000 PCr.LJ 1155; PLD 2003 Kar. 441; Haq Nawaz v. The State 2000 SCMR 785 and Muhammad Akbar v. The State 2003 YLR 1339 ref. ORDER SALAHUDDIN PANHWAR, J.---Through instant appeal, appellants have challenged judgment dated 28th January, 2014 passed by Additional Sessions Judge Tando Muhammad Khan in S.C. No. 383 of 2009 (Re-The State v. Ahmed and 3 others) whereby appellants were convicted under sections 394, 34, P.P.C. and sentenced to suffer RI for 5 years, coupled with fine of Rs. 10,000,…

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