Law: Pakistan Penal Code, 1860

Section: 302,452,34

Law: Criminal Procedure Code (V of 1898)

Section: 417(2-A)

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

Section: 15,17(4)

Penal Code (XLV of 1860)--- ----Ss. 302, 452 & 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, house trespass after preparation for hurt, assault or wrongful restraint, common intention, haraabah---Appeal against acquittal---Jurisdiction of Federal Shariat Court---Accused, in the F.I.R., were not charged at all for the commission of either theft or extortion, so as to bring the offence within the ambit of "Haraabah" with murder or dacoity with murder---Case was one of simple trespass and murder for which the charge should have been framed under Ss.302, 452 & 34, P.P.C.---Charge under S. 17(4) of Offences Against Property (Enforcement of Hudood) Ordinance, 1979 was illegal and void---Jurisdiction of Federal Shariat Court, was invoked on the ground which never existed, thus was void altogether---Court which assumed appellate jurisdiction, had the authority to hold, with application of mind, that the charge had been framed, either rightly or wrongly---If the court had the jurisdiction to hold that the charge was rightly framed, it also had the jurisdiction to hold that it had been wrongly framed---Case fell under Ss.302, 452 & 34, P.P.C., therefore charge was wrongly framed under S. 17(4) of Offences Against Property (Enforcement of Hudood) Ordinance, 1979---Federal Shariat Court had no jurisdiction to decide appeal in circumstances. JUDGMENT SARDAR MUHAMMAD RAZA, C.J.---Azad son of Muhammad Gul, complainant of F.I.R. No.549 dated 26-5-2009 of Police Station Cantt; Abbottabad has filed this appeal against the judgment dated 1-4-2010 of the learned Additional Sessions Judge-IV, Abbottabad, whereby the accused Akram, Azhar and Shadam Khan, tried under sections 17(4) of Ordinance VI of 1979, were acquitted of the charge. 2. In order to appreciate the facts of the case, one has to have a glance through the first information report. Azad complainant (62/63) along with his brother Sikandar (40/42) resided in the house of Babu Waheed in Lamian Barian Banda Khatkar village Salhad. On 26-5-2009 the…

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