Law:

Section:

(i) Offences Against Property (Enforcement of Hudood) Ordinance, 1979-- ----Ss. 17(4) & 20--Constitution of Pakistan, 1973, Art. 203F(2B)--Pakistan Penal Code (XLV of 1860), S. 302--Leave to appeal--Conviction and sentence awarded to accused--Assailed--Appreciation of evidence--Capital punishment cannot be awarded on the basis of the circumstantial evidence--Petitioner raised questions for reappraisement of evidence--Petitioner cannot be sentenced to death--Validity--Over-whelming circumstantial evidence has been brought against the petitioner as observed in the impugned , therefore, contention of the petitioner that without direct evidence the petitioner cannot be sentenced to death is without force--Held: Circumstantial evidence brings the case in .the area wherein accused was connected with commission of offence coupled with the fact that prosecution witnesses are disinterested on the basis of such type of strong circumstantial evidence--Accused was convicted with commission of offence beyond any shadow of doubt, therefore High Court was justified to convict and sentence to death--Leave refused. [Pp. 434 & 435] A & C (ii) Criminal Procedure Code, 1898 (V of 1898)-- ----S. 423--Powers of Federal Shariat Court--Provisions of--Applicable mutatis mutandus--Federal Shariat Court can examine question of fact and law and can quash, confirm, modify or enhance sentence--Powers of the appellate Court to alter a conviction are very wide u/S. 423 of the Cr.P.C. but they are subject to the condition that altered conviction should not be such which could not have been recorded by the trial Court. [P. 434] B 1925 ILR 6 Lahore 226, 1923 ILR 4 Lahore 373, 1926 ILR 7 Lahore 561, AIR 1945 P.C. 151, PLD 1950 Lahore 364 and 1998 SCMR 2669 ref. Order Ch. Ijaz Ahmed, J.--The petitioner has sought leave to appeal against the judgment of the Federal Shariat Court dated 5-8-2002 wherein the appeal of the petitioner against his conviction awarded by the trial Court vide judgment dated 23-12-2000 was dismissed and his sentence was enhanced from 10 years to death. Detailed facts have already been mentioned in the impugned judgment. However necessary facts out of which the…

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