Abdul Hamid appellant was tried for an offence under section 13 of the Arms Ordinance for being in possession of a double-edged dagger on 15-9-1983 at 4-30 p.m. When he was produced before the police in connection with a case under section 377, P.P.C. He was charged, tried therefor and convicted by Additional Sessions Judge, Faisalabad vide the impugned judgment dated 27-2-1986.
He was sentenced to 6 months` R.I., which was ordered to run concurrently with the sentence awarded to him in the connected case under section 12 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and section 377, P.P.C.
2. Learned counsel for the State has frankly conceded that for the offence under the Arms Ordinance the Sessions Court had no jurisdiction, it was rather Magistrate First Class who had the jurisdiction. The trial being without jurisdiction the conviction and the sentence are hereby set aside and the appeal is accepted .
3. Since much time has passed and the appellant has already undergone the ordeal of trial, it is not considered proper to remand the case for trial. If any sentence was required the appellant has already suffered much. He be set at liberty forthwith if not required to be detained in any other case. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.