Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302/34---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.24---Appeal---When maintainable ----Appeal to the Federal Shariat Court would lie under S.24 of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979, only when an order either by a Court of Session or a Magistrate authorized under S.30, Cr.P.C. imposing a sentence of imprisonment for a term exceeding two years had been passed---No order imposing a sentence of imprisonment for a term exceeding two years having been passed under the said Ordinance in the case, appeal against conviction of accused under S.302/34, P.P.C. and the Murder Reference were maintainable in the High Court. Muhammad Abbas v. The State 1984 SCMR 129; Zafar Iqbal and others v. The State 1984 SCMR 167; Tajuddin v. The State 1984 SCMR 506; Shamsuddin v. The State Criminal Suo Motu No. 1 of 1995 and State v. Pirak 1997 Per. LJ 1900 ref. (b) Interpretation of statutes--- ---- Where meanings and terms of the section of a statute are clear, even a long and a uniform course of interpretation may be overruled if it is repugnant to the very statute. Khawaj Muhammad Khan for Appellant. Nek Nawaz Khan for the State. Abdul Sattar Khan for the Complainant. Date of hearing: 2nd February, 2001. JUDGMENT EJAZ AFZAL KHAN, J.--- Before the hearing of appeal and murder reference, the learned counsel for the respondents raised a preliminary objection about their maintainability on the ground that once the appellant was charged under section 17(4) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979, the appeal and the murder reference would lie before the Federal Shariat Court notwithstanding the acquittal of the appellant, in view of the provisions contained in section 24 of the Ordinance and judgments of the Honourable Supreme Court rendered in the cases of Muhammad Abbas v. The State 1984 SCMR 129, Zafar Iqbal and others v. The State 1984 SCMR 167, Tajuddin v. The State 1984 SCMR 506 and Shamsuddin v. The State in Criminal Suo Motu No, l of 1995. 2. While replying the objection raised by the learned counsel for the respondents, the learned counsel for…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492