Case Details

Citation(s)
1991 SLG 1774 1991 SLD 1774 1991 PLD 66
Federal Shariat Court
Criminal Appeal No. 95/1 of 1990, decided on 11th March, 1991.
TANZIL-UR-REHMAN, C.J., IBADAT YAR KHAN, FIDA MUHAMMAD KHAN AND ABDUL RAZZAK A. THAHIM, JJ

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SAEED SHAH---Appellant

VS

THE STATE--Respondent

Law:

Section:

(a) Criminal Procedure Code (V of 1898)----- ----Ch. III---Scope and application.Chapter III, Cr.P.C. deals with powers of Courts. It describes offences cognizable by different Courts. Section 28 relates to the offences under Penal Code. It provides that subject to the other provisions of the Criminal Procedure Code any offence under Pakistan Penal Code may be tried by the High Court, or by the Court of Session, or by any other Court by which such offence is shown in the eighth column of the 2nd Schedule to be triable. Section 29 relates to the offences under other laws. It provides that subject to the other provisions of the Code of Criminal Procedure any offence under any other law shall, when any Court is mentioned in this behalf in such law, be tried by such Court. It further provides that when no Court is so mentioned, it may be tried by the High Court or subject as aforesaid by any Court constituted under the Criminal Procedure Code by which such offence is shown in the eighth column of the Second Schedule to be triable. Section 30 provides that in the Province of Punjab, North-West Frontier Province, in Sindh and in those parts of the Provinces in which there are Deputy Commissioners or Assistant Commissioners the Government may, notwithstanding anything contained in section 29, invest District Magistrate or any Magistrate of the Ist class with powers to try as a Magistrate all offences not punishable with death. Section 31 provides for sentences which High Courts and Sessions Judges may pass. A High Court may pass any sentence authorised by law, whereas the Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any sentence of death passed by any such judge shall be subject to confirmation by the High Court. An Assistant Sessions Judge may pass any sentence authorised by law, except a sentence of death or of imprisonment for a term exceeding seven years. Section 34 provides that Court of a Magistrate, specially empowered under section 30 may pass any sentence authorised by law except a sentence of death or of imprisonment for a term exceeding seven years. (b) Prohibition (Enforcement of Hadd) Order (4 of 1979)----…
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