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

Section: 8, 9, 14

Law: Penal Code (XLV of 1860)

Section: 380

(a) Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979) Ss. 8, 9 & 14 read with Penal Code (XLV of 1860), S. 380Theft in dwelling houseSentenceProsecution case fully supported by two witnessesWitnesses natural and mentioned in F. I. R. and although appearing to be related to complainant yet not inimical to accused appellantsRecovery of torches from complainant and a prosecution witness lending support to fact of their having seen accused carrying away complainant's bullocksWitnesses not shown to have exaggerat ed thingsArrest of accused on being chased and seizure of bullocks from them also provedDoor of house also found brokenSessions Judge, trying case, also going to place of occurrence and holding inquiry in nature of tazkiyaishahood and satisfying himself about character and credibility of witnessesNone of witnesses, however, seeing accused actually entering "Hirz" and accused and stolen bullocks seen outside houseNone of accused found to have been actually seen entering "Hirz", not possible, held, to sustain conviction under S. 9 and offence not liable to "hadd" but accused having been proved to have committed theft guilty of theft liable to tazir under S. 14 of Ordinance read with S. 380 of Penal Code, 1860.[Hadd Tazir]. (b) Offences Against Property (Enforcement of hudood) Ordinance (VI of 1979) S. 24(2)Criminal Procedure Code (V of 1898), S. 374Practice and procedureConfirmation of sentenceSessions Judge holding trial under Ordinance VI of 1979Bound to follow procedure pres cribed in S. 374, Criminal Procedure Code, 1898 and to submit proceedings to Federal Shariat Court for confirmation of sentence irrespective of whether convict files appeal or not.[Practice and pro cedureSentence]. Date of hearing : 21st December, 1980.                                                                                                            …