Law: Pakistan Penal Code, 1860

Section: 302,324,34

Law: Criminal Procedure Code (V of 1898)

Section: 417(2-A)

Law: Constitution of Pakistan, 1973

Section: 203-D,203-DD

Law: Offences Against Property (Enforcement of Hudood) Ordinance 1979

Section: 15,17(4)

Penal Code (XLV of 1860)--- ----Ss. 302, 324 & 34---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), Ss.15 & 17(4)---Criminal Procedure Code (V of 1898), S.417(2-A)---Constitution of Pakistan, Arts.203-D & 203-DD---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, haraabah---Appeal against acquittal---Jurisdiction of Federal Shariat Court---Scope---High Court had transferred appeal to Federal Shariat Court with the observation that accused having been charged for the offence of 'Haraabah' under S.17(4) of Offences Against Property (Enforcement of Hudood) Ordinance, 1979, appellate jurisdiction stood vested with Federal Shariat Court---Validity---Complainant, had not uttered a single word, either in the F.I.R., or in the statements etc., that assailants had come for the purpose of taking away the property of the party aggrieved---No allegation was on record to the effect that assailants showed even a slight inclination of demanding either money or the motorbike of the complainant party---When such element was missing altogether, accused could not be charged under S.17(4) of Offences Against Property (Enforcement of Hudood) Ordinance, 1979---Present case was a case of simple offence of murder, where the assailants had waylaid the victims; and had killed one of them without the intention to rob or extort anything whatsoever---Act of charging accused for haraabah, was void and illegal---Any court, while exercising or assuming the jurisdiction of an appellate court, had absolute authority to appreciate by judicial application of mind, as to whether the Trial Court had charged accused rightly or wrongly---High Court, had jurisdiction to hear the case in appeal; and, Federal Shariat Court, in view of law and facts, lacked jurisdiction---Federal Shariat Court ordered to transmit back the record of appeal to High Court for decision at its own end. JUDGMENT SARDAR MUHAMMAD RAZA, C.J.---Mst. Shamim Akhtar has filed this appeal against the acquittal of accused/respondents Saifur Rehman alias Saifa and Ellahi Bakhsh alias Illa, who, vide judgment dated 8-8-2005 of the learned Additional Sessions Judge-V, Dera Ismail Khan, were…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492