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

Section: 9,17(3)(4),24

Law: Criminal Procedure Code (V of 1898)

Section: 410

Law: Pakistan Penal Code, 1860

Section: 396

Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979)--- ----Ss. 9, 17(3), (4) & 24---Penal Code (XLV of 1860), S. 396---Criminal Procedure Code (V of 1898), S. 410---Jurisdiction of Federal Shariat Court in offences committed under Offences Against Property (Enforcement of Hudood) Ordinance, 1979 and any other law---Scope---Accused in the present case, were charged and tried under Hudood Law but were convicted under S. 396, P.P.C.---Accused filed appeal before High Court and contended that since they were convicted for offence punishable under S. 396, P.P.C., therefore, appeal could be heard by High Court---Validity---Appeal filed by accused before High Court was not maintainable---If the trial was conducted for an offence under Ss. 9 & 17 of Offences Against Property (Enforcement of Hudood) Ordinance, 1979 and sentence of imprisonment for a term exceeding two years was awarded, the appeal shall lie to the Federal Shariat Court, irrespective of the fact that ultimately the court convicted the offenders for offence under S. 396, P.P.C.---Appeal was returned to accused for its submission before Federal Shariat Court. Shabbir Ahmed v. The State 2012 PCr.LJ 1491; Nizamuddin v. The State 1999 PCr.LJ 1761; Muhammad Tariq v. The State 2009 PCr.LJ 747 and Allahdad alias Dadi v. The State 2007 PCr.LJ 295 ref. Juman and another v. The State PLD 2016 Sindh 191; Ghulam Muhammad v. The State 2013 PCr.LJ 105 and Shabir Ahmed v. The State 2011 SCMR 1142 rel. THIS ORDER PASSED BY: MUHAMMAD IQBAL MAHAR, J.--- Appellant Ali Dino Khokhar and Manthar Ali Magsi were challaned in FIR No. 93/2006 of Police Station, Darri for offence punishable under sections 17(3) and 17(4), Offence Against Property (Enforcement of Hudood) Ordinance, 1979. On completion of trial, they were found guilty and convicted for offence punishable under section 396, P.P.C., vide judgment dated 3.12.2014 passed by learned Additional Sessions Judge-V Larkana in Sessions case No.625/2009. The appellant Ali Dino Khokhar was awarded death sentence while appellant Manthar Ali Magsi was awarded imprisonment for life. They challenged their conviction and sentence through instant appeal…

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