Law: Offence of Qazf (Enforcement of Hadd) Ordinance, 1979

Section: 10

Keywords: Disposed Of, Conviction, Procedure, Enforcement, Remand, Prosecutor, Case Remanded, Set Aside, Jurisdiction, Prosecution, Examination, Appearance, Petition, Imprisonment, Order, Notice, Regular Hearing, Parties, Trial Court, Petitioner, Impugned Order ORDER KHAWAJA MUHAMMAD SAEED, J.- The facts giving rise to the present revision are that a challan under section 10 of Enforcement of Zina and Hadood Act was presented by Police Station Afzal Pur before Additional Tehsil Court of Criminal Jurisdiction Mirpur on August 20,1990. 2. After due trial by the trial Court the accused petitioner vide order passed on May 26th, 1993 was sentenced to undergo rigorous imprisonment for two years and six months under Sections 10 and 18 of the Enforcement of Zina and Hadood Act. However, the accused was held entitled to avail the benefit of section 382-B of the Criminal Procedure Code. 3. The accused petitioner preferred an appeal before the District Court of Criminal Jurisdiction Mirpur on June 16th, 1993. While admitting this appeal for regular hearing, notice was issued to Public Prosecutor and the record of the trial court was sent for. However, on November 27th, 1993, the petitioner as well as his counsel failed to appear in the Court when the case was called for hearing. The first appellate court dismissed the appeal summarily for want of prosecution. This order has been assailed in the present revision petition. 4. The learned Counsel for the petitioner argued that the First Appellate Court has committed an error in law in dismissing the appeal of the petitioner in default of appearance, because a criminal appeal once admitted for regular hearing cannot be…

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