' At the very outset the learned counsel for the accused/respondent raised a preliminary objection to the maintainability of appeal against the order passed by the Sessions Judge under Ordinance VII of 1979. The learned counsel contended that the accused/respondent was tried for committing an offence punishable under section 377, P.P.C. Read with Article 12 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, and under Article 20 of the Ordinance (ibid), the appeal lies only to the Federal Shariat Court. In support of his contention he placed reliance on a case "Muhammad Khan v. The State" reported in 1987 PCr. U 1240 wherein the accused tried by the Sessions Judge under Ordinance VII of 1979 for committing an offence punishable under sections 343, 365, 374, 377 and 511 of the P.P.C. Read with Article 12 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, at the conclusion of the trial, was awarded acquittal under Article 12 of the Ordinance (ibid) and sections 377 and 511, P.P.C. And convicted him under sections 342, 365 and 374, P.P.C. Two separate appeals were filed in the High Court Lahore wherein a preliminary objection was raised by the State counsel and after making an elaborate discussion on the law point involved therein, it was held that since the accused was tried by the Sessions Judge under Ordinance VII of 1979, the appeal would lie to the Federal Shariat Court under the Second Proviso to Article 20 of the Ordinance VII of 1979.
2. In view of the above facts and circumstances of the instant appeal, the learned counsel for the appellant felt satisfied and prayed for the return of this appeal for presentation before the Federal Shariat Court.
3. In this view of the matter since the appeal again order passed by the Sessions Judge under Ordinance VII of 1979 lies to the Federal Shariat Court, therefore, this appeal be returned to the appellant for presentation before the Federal Shariat Court under Ordinance (ibidl, subject to all legal and valid objection,. h) the opposite side.
4. Appeal is disposed of accordingly.