Preliminary Hearing: Learned Counsel for the appellant when confronted with the legal position that the conviction has been recorded by the learned Judge Anti-T errorism Court, Mirpur Khas, and the appeal against this judgment passed by the Anti- Terrorism Court, lies before the Hon'ble High Court of Sindh, as contemplated by Section 25 of the Anti-T errorism Act, 1997. He stated that earlier this matter was remanded back by this Court to Anti-T errorism Court.
2. The learned Deputy Prosecutor General present in the Court stated that this appeal is not competent before this forum as the law is clear on the subject. We are also clear in our mind that the appeal filed before this Court is not competent in view of the clear provisions of Section 25 of the Anti-T errorism Act, 1997, which reads as under: "25. Appeal.-( 1) An appeal against the final judgment of (Anti-T errorism Court) shall lie to [a High Court].
(2) Copies of the judgment of (Anti-T errorism Court) shall be supplied to the accused and the Public Prosecutor free of cost on the day the judgment is pronounced and the record of the trial shall be transmitted to the "a High Court" within three days of the decision.
(3) An appeal under subsection (1) may be preferred by a person sentenced by (Anti-T errorism Court) to "a High Court" within [Fifteen) days of the passing of the sentence.
(4) The Attorney General, (Deputy Attorney General, Standing Counsel) or an Advocate General (or an Advocate of High Court or Supreme Court of Pakistan appointed as Public Prosecutor , Additional Public Prosecutor or a Special Public Prosecutor) may, on being directe d by the Federal or a Provincial Government, file an appeal against an order of acquittal or a sentence passed by (An Anti-T errorism Court) within [thirty] days of such order .
[(4-A), Any person who is a victim or legal heir of a victim and is aggrieved by the order of acquittal passed by an Anti-T errorism Court, may within thirty days, file an appeal in a High Court against such order .
(4-B) If an order of acquittal is passed by an Anti-terrorism Court in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grant special leave to appeal from the order of acquittal, the complainant may within thirty days present such an appeal to the High Court.]
(5) An appeal under this section shall be heard and decided by "a High Court" within seven working days.
[(6) Omitted by Ordi. IV of 1999 and XIII of 1999 w .e.f. 27.4.1999].
[(7) Omitted by Ordi. IV of 1999 and XIII of 1999 w .e.f. 27.4.1999]
(8) Pending the appeal "a High Court" shall not release the accused on bail.
[(9) For the purpose of hearing appeals under this section each High Court shall establish a Special Bench or Benches consisting of not less than two Judges.
(10) While hearing an appeal, the Bench shall not grant more than two consecutive adjournments]"
3. We do not subscribe to Counsel for the appellant, because Anti-T errorism Act being a special law as per Section 32 of the Act has got overriding effect. Of course, this case was remanded by this Court, as originally the appeal had been filed in the Hon'ble High Court of Sindh, Circuit Court at Hyderabad and subsequently transferred to this Court, which was disposed off on 19.01.2019. No cavil with proposition that two wrongs do not make a right., Since the principal offence whereby the convict has been convicted, is Section 365-A, P.P.C. and death penalty has been awarded, rest of the offences are ancillary thereto. According to Section 17 read with Section 21-M of the Anti- Terrorism Act, any other offence committed in the same series of act falling within any other law is also triable by the Anti-T errorism Court. For the sake of convenience, both the Sections are reproduced respectively: "17. Powers of (Anti-T errorism Court) with respect to other offences .---When trying any scheduled offence, (Anti-T errorism Coutt) may also try any offence other than the scheduled offence with which the accused may, under the Code, be charged at the same trial."
"21-M. Joint Trial.- (1) While trying any offence under this Act, a Court may also try any other offence which an accused may, under the Code of Criminal Procedure, 1898, be charged, at the same trial if the offence is connected with such other of fence."
(2) If, in the course of any trial under this Act of any offence it is found that the accused person has committed any other offence under this Act or any other law for the time being in force, the Court may convict an accused for such other offence and pass any sentence authorized by this Act or, as the case may be, such other law, for the punishment thereof."
4. So, on this analogy too, the convictio n recorded and sentence awarded under Section 395, P.P.C., may be treated ancillary to the principal of fence and the appeal lies before the forum, provided by Anti-T errorism Act, 1997.
5. Therefore, for the reasons discussed hereinabove, tilts appeal does not lie before this Court, hence, the office to transfer this case to Hon'ble High Court of Sindh, Circuit Court at Hyderabad. Photocopy of this order as well as this appeal be retained.