Law: Constitution of Pakistan, 1973

Section: 203D

Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 161,164,364,410

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

Section: 7,16,17(4),20,24

(a) Constitution of Pakistan--- ----Art.203-D---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), Ss. 17(4), 7, 16, 20 & 24---Penal Code (XLV of 1860), S. 302(b)---Criminal Procedure Code (V of 1898), S. 410---Jurisdiction of Federal Shariat Court---Scope---Complainant had challenged the jurisdiction of Federal Shariat Court on the ground that since conviction and sentence had not been recorded under the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 (the Ordinance) but under S. 302(b), P.P.C., therefore appeal was competent before the High Court---Validity---If conviction and sentence was either passed under the Ordinance or in case the same had not been proved due to non-fulfilment of requisites as contemplated under Ss. 7 & 16 of the said Ordinance, the punishment was directed to be awarded under S. 20 of the said Ordinance---Appeal against conviction and sentence rendered either under specific offences of the Ordinance or under the Penal Code, but power to impose sentence of imprisonment for a term exceeding two years, shall lie only to the Federal Shariate Court. Muhammad Abbas and another's case 1984 SCMR 129; Ghazanfar Ali v. The State 2010 YLR 657; Ijaz and others v. The State 2016 PCr.LJ 130; Khushdil v. The State 2017 YLR 835; Muhammad Tariq's case 2009 PCr.LJ 747 and Attaullah v. Abdul Razzaq and another PLD 2002 SC 534 rel. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.17(4)---Qatl-i-amd, haraabah--- Appreciation of evidence---Benefit of doubt---Occurrence was an unseen incident---No direct evidence of the alleged incident was available, except circumstantial evidence---Prosecution case was that brother of the complainant had been murdered by some unknown culprits, who had also taken away his car as well---Complainant maintained that he had no enmity with anyone---Investigating Officer got arrested the accused on the basis of Phone Call Data Record---Complainant, after the arrest of accused, got recorded supplementary statement, wherein he nominated the accused as the culprit on the basis of self-intuition---Record showed…

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