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Search Results: Categories: 237 CrPC (1 found)

ASAD KHAN VS THE STATE CRIMINAL REVISION NO OF MOHSIN ALI KHAN VS ASAD KHAN SON OF SABIR KHAN THE STATE

Citation: 2004 SD 291

Case No: C.A No. 152/1/2003

Judgment Date: 03-12-2003

Jurisdiction: AJK Shariat Court

Judge: Justice Ch

Summary: (a) Constitution of Pakistan, 1973: ----Art. 203DD---Jurisdiction of Federal Shariat Court---Maintainability of appeal---Accused convicted under S. 377, PPC only---Charge under S. 12 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979, not framed---Appeal against conviction under PPC not maintainable before Federal Shariat Court---Appellant was charged and convicted under S. 377, PPC, while the FIR also included S. 12 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979---Trial Court, however, did not frame a charge under the Hudood Ordinance, and the accused was neither tried nor convicted under it---Held, that where an accused was not charged or convicted under the Hudood Ordinance, an appeal against such conviction under PPC could not be entertained by the Federal Shariat Court under Art. 203DD of the Constitution---Appeal was therefore not maintainable before this Court and was returned for filing before the proper forum. (b) Criminal Procedure Code (V of 1898): ----Ss. 233, 237 & 238---Framing of charge---Trial Court's omission to frame charge under S. 12 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979---Revisional jurisdiction of Federal Shariat Court---Trial Court had rejected an application to amend the charge to include S. 12 of the Hudood Ordinance, holding that no case of kidnapping or abduction was made out and that the accused’s intention was only to commit sodomy---Since the accused was not charged under the Hudood Ordinance, the Federal Shariat Court lacked jurisdiction to interfere at this stage in revision---Once the Trial Court had pronounced judgment, it became functus officio, and the alteration of charge could not be directed in revision unless the judgment itself was set aside by a competent appellate forum---Revisional jurisdiction could not be exercised to frame a charge for an offence for which the accused was not originally tried after the conclusion of trial. ----Disposition: Appeal returned for filing before the proper forum; revision dismissed.

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