The appellant was tried for having allegedly committed offence under section 10/18 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, by Additional Sessions Judge, Gujranwala. He was, however, found guilty under section 354, P.P.C. Only and sentenced to R.I. For two years plus to pay a fine of Rs.1,000 in default whereof to undergo R.I. For six months.
2. He submitted appeal in this Court.
3. The appeal came up for hearing today. Learned counsel for the State at the very outset took up the objection that the appeal could not have been filed in this Court and should have been filed before the Federal Shariat Court as provided by First Proviso to section 20 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. He also cited Zafar Iqbal and others v. The State 1984 SCMR167.
4. Learned counsel for the appellant has not been able to rebut the objection. In fact he has conceded that the appeal should have been filed before the Federal Shariat Court.
5. Office shall return the appeal to the learned counsel for the appellant for filing the same before the proper forum.