Law:

Section:

Constitution of Pakistan --------- ----------Art. 203-DD --------- Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), Ss. 17(4), 20 & 24(2) --------- Penal Code (XLV of 1860), Ss. 302(b) & 392 --------- Appeal against --------- Trial under Offences Against Property (Enforcement of Hudood) Ordinance, 1979 --------- Jurisdiction --------- Accused were convicted by Trial Court under Ss. 302(b) & 392, P.P.C. and were given life imprisonment and to suffer RI for 10 years --------- Contention of appellants was that High Court had the jurisdiction to entertain present appeal since sentence was awarded under provisions of Penal Code, 1860 --------- Contention of complainant was that appeal should be filed before Federal Shariat Court as FIR was lodged under S. 17 of Offences Against Property (Enforcement of Hudood) Ordinance, 1979 --------- Held, that FIR and charges were though framed under Offences Against Property (Enforcement of Hudood) Ordinance, 1979, but sentence was awarded under P.P.C. and it was the 'charge' that determined the forum --------- Mere passing of sentence under Tazir is not determinative of the forum --------- According to S. 24(2) of Offences Against Property (Enforcement of Hudood) Ordinance, 1979 only sentence of less than 2 years was appealable before the High Court --------- Under Art. 203-DD of the Constitution and S. 24 of Offences Against Property (Enforcement of Hudood) Ordinance, 1979 appeal against acquittal in a case under S. 17(4) of Offences Against Property (Enforcement of Hudood) Ordinance, 1979 would come under exclusive jurisdiction of Federal Shariat Court to entertain, hear and decide appeals in such cases --------- Result of trial would not change the jurisdiction of the court --------- Appeal being non-maintainable, was transferred accordingly. 2009 PCr.LJ 747 and PLD 2002 SC 534 distinguished. 2010 YLR 657; 2011 SCMR 1142 and 2013 PCr.LJ 105 ref. Muhammad Akbar v. The State 2003 YLR 1339; Karamat Khan and another v. The State 2002 PCr.LJ 1868; Muhammad Juman v. The State 2004 MLD 278; Moula Bux Gello v. The State 2002 YLR 2956 and Muhammad Safeer v. The State and another 2004 PCr.LJ 899…

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