(1) There shall be a Court of Appeal which shall hear appeals against the findings and sentence of court martial-

(a) in offences punishable under Hudood laws, 

(b) in which an officer or member of the staff is sentenced to death or imprisonment for a term exceeding three months; 

(c) in a case in which an officer or member of the staff is dismissed from service; and 

(d) in such other cases as may be referred to it by the Director-General.

Explanation.- The expression "Hudood laws" means the Offenses Against (Enforcement of Hudood) Ordinance, 1979 (VI of 1979), the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (Vil of 1979), the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (VIII of 1979), the Zakat and Ushr Ordinance, 1980 (XVIII of 1980),-Ihe Prohibition (Enforcement of Hadd) Order, 1979 (P.0- No. 4 of 1979), and the laws based on the principles of Qisas and Diyat. 

(2) -Subject to the provisions of sub-section (1), an aggrieved person may, within thirty days of the promulgation of the sentence, file an appeal before the Court of Appeal. 

(3) The Court of Appeal shall be appointed by the Federal Government and shall consist of officers of suitable ranks and qualifications who are eligible to serve on a court martial. 

(4) The Court of Appeal shall have the power to-

(i) confirm the findings, sentence or both; or 

(ii) quash, alter, revise or substitute the findings and sentence; and 

(iii) order retrial of the case: 

Provided that no order under this sub-section shall be made to the prejudice of the accused or any other person unless he has been afforded an opportunity of being heard either personally or by his defending officer or his counsel.

(5) Where an offence has been waived or compounded under sub-section (2) of section 16, the Court of Appeal may, in its discretion having regard to the facts and circumstances of the case acquit or award, ta'zir to the offender according to the nature of the offence. 

(6) Subject to the provisions of sections 16 and 17 the decision of the Court of Appeal shall be final and shall not be called in question before any court or other authority.