Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 184(3)---Special courts for speedy Trials Act (IX of 1992), S.13--­Interference by Supreme Court in exercise of its original 'jurisdiction ---No remedy by way of appeal/petition having been provided by law against the order of Supreme Appellate Court, Supreme Court has jurisdiction to interfere under Art. -184(3) of the Constitution if the question involved is of public importance with reference to the enforcement of fundamental rights as conferred by the Constitution. M. Ismail Oureshi v. M. Awais Qasim 1993 SCMR 1781; 1993 SCMR 2001 and Khalil-uz-Zaman v. Supreme Appellate Court PLD 1994 SC 885 ref. (b) Special Courts for Speedy Trials Act (IX of 1992)--- . ----S. 13---Appellate jurisdiction of Supreme Appellate Court Supreme Appellate Court has been given complete appellate jurisdiction as provided in Chapter XXXI of the Criminal Procedure Code. Ii can exercise powers under section 417 which lays down procedure and scope. for final appeal against acquittal authorising a person aggrieved by the order of acquittal as contemplated under section 417(2-A), Cr.P.C. to file appeal against such order. Supreme Appellate Court can also exercise pouters of the appellate Court as contemplated under section 423, Cr.P.C. in appeal from a conviction to alter the finding maintaining the sentence or with or without altering the finding reduce the sentence or with or without such reduction and with or without altering the finding alter the nature of the sentence and make any amendment or any consequential or incidental order that may be just and proper. This clearly shows that the Supreme Appellate Court is empowered to enhance the sentence regardless of the fact whether . petition for such enhancement was filed competently or not. (c) Special Courts for Speedy Trials Act (IX of 1992)--- ----S. 13---Penal Code (XLV of 1860), 5.302/34---Sentence, enhancement of--­Supreme Appellate Court is empowered to enhance the sentence regardless of the fact whether petition for such enhancement was filed competently or not.-­[Sentence]. JUDGMENT - SAJJAD ALI SHAH, C J: --This Constitution petition is filed on, the original side of this Court…

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