MOHSIN vs THE STATE
This matter comes before the Federal Shariat Court as a jail criminal appeal filed by the appellant Mohsin against the judgment of the Additional Sessions Judge, Gwadar, arising out of a case registered under Section 377 of the Pakistan Penal Code 1860. The core legal question concerns the jurisdictional competence of the Federal Shariat Court to entertain an appeal against a conviction under the Pakistan Penal Code where no offence under the Hudood Laws is involved. The court held that since the appellant was neither charged nor convicted under the Hudood Laws, and the underlying crime report was registered under the Pakistan Penal Code, the Federal Shariat Court lacks jurisdiction to adjudicate the matter, and the appeal properly lies before the High Court of Baluchistan. The court accordingly directed the office to transmit the appeal file to the Registrar of the High Court of Baluchistan for proper presentation in accordance with law, establishing the principle that criminal appeals not involving Hudood Laws fall outside the appellate jurisdiction of the Federal Shariat Court.
- Does the Federal Shariat Court have jurisdiction to entertain a criminal appeal arising from a conviction under Section 377 of the Pakistan Penal Code 1860 without any charge under the Hudood Laws?
- Which court is the proper forum for an appeal against a judgment delivered by an Additional Sessions Judge in Baluchistan under the Pakistan Penal Code 1860?
- Section 377, Pakistan Penal Code 1860
ORDER
' SYED AFZAL HAIDER, J.---I have gone through the file of this case and perused the statements including the deposition of the witnesses and statement of the accused. The impugned judgment delivered by Additional Sessions Judge Gwadar arises out of crime report registered as F.I.R. No,71 of 2006 registered under section 377 of the Pakistan Penal Code. The appellant was also charged under section 377 of the Pakistan Penal Code and he was also convicted for the same offence.
2. It appears that the appellant was neither charged for any offence under the Hudood Laws nor he was convicted under the Hudood Laws. Even the crime report was registered under section 377 of the Pakistan Penal Code.
3. Since the judgment was delivered by the learned Additional Sessions Judge Gwadar Baluchistan, therefore, the appeal in fact should have been filed before the High Court of Baluchistan. The Federal Shariat Court is not competent to entertain and adjudicate upon this jail criminal appeal.
The appellant is confined in Central Jail Gaddani so this file cannot be returned to him. The Office is directed to send the jail Criminal Appeal No, 6-I of 2008 filed by appellant Mohsin to the Registrar High Court of Baluchistan, Quetta for proper presentation in accordance with law. Intimation may also be given to the appellant through Superintendent Central Jail Gaddani Baluchistan.
4. A copy of this order may be retained in this office and the all other documents including the judgment and the jail criminal appeal be sent to the Registrar High Court of Baluchistan, Quetta, as directed.