1999 PLP 2077 (YLR)
ALLAHYAR‑‑‑Appellant Versus THE STATE‑‑‑Respondent
| Citation | 1999 PLP 2077 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Muhammad Roshan Essani, J |
| Parties | ALLAHYAR‑‑‑Appellant Versus THE STATE‑‑‑Respondent |
| Primary Law | Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)‑‑‑ |
Q1: What are the key laws and sections cited in 1999 PLP 2077 (YLR)?
This judgment primarily cites: Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 2077 (YLR)?
The case was heard and decided by the Karachi bench comprising: Muhammad Roshan Essani, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 2077 (YLR) (ALLAHYAR‑‑‑Appellant Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Abdul Ghafoor Mangi and Jawed Akhtar for Appellant.
- 2. I have heard M/s. Abdul Ghafoor Mangi and Jawed Akhtar, learned counsel for the appellant, Mr. Shoukat Hayat, learned counsel for the complainant and Mr. Arshad Lodhi, learned Assistant Advocate‑General Sindh, for the State.
Headnotes / Summary
‑‑‑‑Ss. 12 & 20‑‑‑Penal Code (XLV of 1860), S. 377‑‑‑Appellate forum‑‑‑Accused had been sent up for trial under S. 12, Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and he was convicted under S. 377, P.P.C. by tire Sessions Court and sentenced to undergo ten years' R.I. with fine‑‑‑Appeal against said order as provided under S. 20, Offence of Zina (Enforcement of Hudood) Ordinance, 1979 was to be filed before Federal Shariat Court and High Court was not competent to entertain the same‑‑‑Memo. of appeal alongwith its annexures was returned to the accused accordingly for presentation before the proper forum provided under the law. Mehtab Shah v. The State and others 1999 PCr.LJ 485 ref. Arshad Lodhi, Asstt. A.‑G. for the State. Shoukat Hayat for Complainant.
Judgment & Decree
Arshad Lodhi, Asstt. A.‑G. for the State. Shoukat Hayat for Complainant. The appellant was tried for an offence punishable under section 12 of Offence of Zina (Hudood) Ordinance, 1979, by the learned Additional Sessions Judge, Malir, Karachi, and by judgment, dated 30‑1‑1999 he was convicted and sentenced.
2. I have heard M/s. Abdul Ghafoor Mangi and Jawed Akhtar, learned counsel for the appellant, Mr. Shoukat Hayat, learned counsel for the complainant and Mr. Arshad Lodhi, learned Assistant Advocate‑General Sindh, for the State.
3. The perusal of record shows that appellant was sent‑up under section 12 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and he was convicted under section 377, P.P.C. and sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs.5,000 and in default of payment of fine the appellant was to suffer rigorous imprisonment for three months more. It was further ordered that if the amount of fine is realised from the appellant the same shall be paid to the victim under section 544‑A, Cr.P.C.
4. According to section 20 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 an offence punishable under the Ordinance (No.VII of 1979) shall be tried by the Court of Session and appeal was to be filed before the Federal Shariat Court.
5. Thus, it is crystal clear that only Hon'ble Federal Shariat Court is competent to hear and finally dispose of the present appeal. The appellant was convicted under section 377, P.P.C. by the trial Court. This Court was, therefore, not competent to entertain this appeal. In this context I am fortified by the decision of this Court in the case of Mehtab Shah v. The State and others (1999 PCr.LJ 485).
6. Consequently, the memo. of this appeal alongwith its annexures may be returned to the appellant for presenting it before the proper forum provided under the law, if the appellant chooses to do so.
7. This appeal stands disposed of in terms hereof alongwith M.A. No.327 of 1999. N.H.Q./A‑334/K Order accordingly.