Provided that where the sentence is awarded by the Courtmartial under an Islamic law, the
officer or officers so designated shall be Muslims :
Provided further that every Court of Appeal’s may be attended by a judge advocate who shall be
an officer belonging to the Judge Advocate General’s Department, Pakistan Army, or if no such
officer is available, a person appointed by the Chief of the Army Staff.
(2) A Court of Appeals shall have power to___
(a) accept or reject the appeal in whole or in part; or
(b) substitute a valid finding or sentence for an invalid finding or sentence ; or
(c) call any witness, in its discretion for the purpose of recording additional evidence in the
presence of the parties, who shall be afforded an opportunity to put any question to the
witness ; or
(d) annual the proceedings of the Courtmartial on the ground that they are illegal or unjust;
or
(e) order retrial of the accused by a fresh Court; or
(f) remit the whole or any part of the punishment or reduce or enhance the punishment or
commute the punishment for any less punishment or punishments mentioned in this Act.
(3) The decision of a Court of Appeals shall be final and shall not be called in question before any
Court or other authority whatsoever.]
______
CHAPTER XI. ___EXECUTION OF SENTENCES
1[134. Form of sentence of Stoning to death or death.__(1) In awarding a sentence of stoning to
death, a Court martial shall direct that the sentence shall be executed in the manner provided for in
the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of1979).
1 Subs. by the Pakistan Army (Amdt.) Ordinance 1984 (36 of 1984), s. 20.
Page 81 of 105