Law:

Section:

(a) Criminal Procedure Code (V of 1898), S. 238--Person convicted of offence under S. 420/511, P. P. C.-High Court, on appeal, altering conviction from S. 420/511 to S. 420/116, P. P. C.-Contention that conviction could not be altered without framing charge under S. 420/116., P. P. C.-Held, abetment, being minor offence, accused could be convicted for that without framing a charge. (b) Penal Code (XLV of 1860), S. 116-Abetment-Person instigating Government Officer to accept his offer to defraud Govern­ment-Action amounts to abetment. Irshad Hassan Khan, Advocate Supreme Court instructed by Syed Inayat Hussain Shah, Advocate-on-Record for Petitioner. Nemo for the State. Date of hearing : 29th May 1972. ORDER WAHEEDUDDIN AHMAD, J.-The petitioner, who was Assistant Superintendent, Irrigation Section, in the Office of the Accountant ­General, Lahore, was tried by the Special Judge (Central), Lahore, for offences under sections 467, 468, 419 and 420, P. P. C. read with section 511, P. P. C. and 5 (2) of the Prevention of Corrup­tion Act. He was convicted by order dated 3rd October 1970, under section 420/511, P. P. C. and sentenced to two years' rigorous imprisonment and a fine of Rs.500. The petitioner challenged this order in appeal before the Lahore High Court and a learned Single Judge. by order dated 27th July 1971, altered the conviction of the petitioner from section 420/511, P. P. C. to section 420/ 116, P. P. C. and reduced his sentence to that already undergone. The sentence of fine was maintained. The petitioner seeks permission to file an appeal against the said order. The prosecution case is that the petitioner got himself introduced into the office of the Secretary, West Pakistan Land and Water Development Board, Lahore, at about 11-10 a.m. as representative of Light Heart Medical Stores, Lahore, with the message that he was sent by somebody from the…

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