Convicted and sentenced under S. 377, P.P.C.

SECTIONS 2, 177, 179 & 180 CR.P.C.

-    Case was registered against accused under S.377/511 P.P.C. and under S.12 of the Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979) and accused was sent up for trial for the same offence---Charge against accused was framed by Trial Court (Sessions Court) only under S. 377, P.P.C. to which accused pleaded not guilty and case proceeded and evidence was recorded---Accused finally was convicted and sentenced under S. 377, P.P.C. who filed appeal against that judgment before Federal Shariat Court---Appeal before Federal Shariat Court, held, was not competent as neither the charge had been framed under S.12 of Ordinance VII of 1979 nor any evidence had come on record for kidnapping and abduction of the victim in order to enable Federal Shariat Court to exercise jurisdiction.

-    S. 20---Federal Shariat Court has jurisdiction when any of the accused is charged under the provisions of Ordinance (VII of 1979) and any other law.

Muzammil Shah    Versus        The State
1990 P Cr. L J 1682
[Federal Shariat court]
Before Abdul Karim Khan Kundi And Abdul Razzaq A. Thahim, JJ