' The appellant was tried for an offence punishable under section 12 of Offence of Zina (Hudood)
Ordinance, 1979, by the learned Additional Sessions Judge, Malir, Karachi, and by judgment, dated 30-1-1999 he was convicted and sentenced.
2. I have heard M/s. Abdul Ghafoor Mangi and Jawed Akhtar, learned counsel for the appellant, Mr. Shoukat Hayat, learned counsel for the complainant and Mr. Arshad Lodhi, learned Assistant Advocate-General Sindh, for the State.
3. The perusal of record shows that appellant was sent-up under section 12 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and he was convicted under section 377, P.P.C. And sentenced to suffer rigorous imprisonment for ten years and to pay fine of Rs,5,000 and in default of payment of fine the appellant was to suffer rigorous imprisonment for three months more. It was further ordered that if the amount of fine is realised from the appellant the same shall be paid to the victim under section 544-A, Cr.P.C.
4. According to section 20 of Offence of Zina (Enforcement of Hudood) Ordinance, 1979 an offence punishable under the Ordinance (No, VII of 1979) shall be tried by the Court of Session and appeal was to be filed before the Federal Shariat Court.
5. Thus, it is crystal clear that only Hon'ble Federal Shariat Court is competent to hear and finally dispose of the present appeal. The appellant was convicted under section 377, P.P.C. By the trial Court. This Court was, therefore, not competent to entertain this appeal. In this context I am fortified by the decision of this Court in the case of Mehtab Shah v. The State and others (1999 PCr.LJ 485).
6. Consequently, the memo of this appeal along with its annexures may be returned to the appellant for presenting it before the proper forum provided under the law, if the appellant