' 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.