(2) The punishment awarded by a sentence effective after commutation or substitution under sub
section (1) shall not be higher in the scale of punishments than, or in excess of, the punishment
awarded by the sentence which is commuted or for which the new sentence is substituted.
(3) Any sentence effective after remission, commutation or substitution under subsection (1),
shall for all purposes be deemed to be the sentence of the court before which the trial took place.
1[138A. Court of appeals.__(1) There shall be a court of appeals which shall hear appeals against
the finding and sentence of a courtmartial in a��case punishable with hadd under an Islamic law 2[or
when a person has been sentenced to death, imprisonment for a term exceeding three months or
dismissal from service.].
(2) The court of appeals shall be appointed by the Chief of the Naval Staff and shall consist of
officers of suitable rank and qualification who are eligible to serve on a courtmartial.
(3) The court of appeals shall have the power to__
(i) confirm the finding or sentence or both, and to exercise the same powers in that respect as
are available to a confirming authority under this Ordinance ;
(ii) order retrial of the accused ;
(iii) quash the finding ;
(iv) alter the finding ;
(v) revise the finding ;
(vi) where some other finding of guilty could lawfully have been made by the trial and it
appears to the court of appeals that the trial court must have been satisfied of facts
necessary to justify that other finding, substitute that other finding.
(4) Where a finding is quashed under clause (iii) of subsection (3), then,__
(i) if the sentence passed in respect of that finding relates to that finding only, the sentence
shall be quashed; and
(ii) if the sentence relates to that and any other finding, or findings, the court of appeals may
substitute such sentence as is authorized by this Ordinance in respect of the other finding
or findings.
1 Ins. by the Pakistan Navy (Amdt.) Ordinance, 1984 (37 of 1984), s.21.
2 Subs. by Act 29 of 1992, s. 2.
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