Law: Criminal Procedure Code (V of 1898)

Section: 222(2),233,234,235(1)

Law: Pakistan Penal Code, 1860

Section: 419,420,468

Criminal Procedure Code (II of 1898)------- ---Ss. 222 (2), 233, 234, 235 (1)-Cheating by public servant involving ten amounts­--Three offences viz. under Ss. 419, 420, 468 P. P. C. alleged to have been committed in respect of each amount-Trial Court consolidated 4 amounts in one trial, 3 amounts in another and 3 in the third-Trials. held, not in order. The accused a public servant was alleged to have com­mitted in one year the offences of cheating by personation, cheating and forgery under sections 419, 420, 468, P. P. C. in respect of each of 10 amounts of money and was proceeded against in three trials made up respectively of 4, 3 and 3 amounts. Held, the trials were not in order: The three offences relating to each of the ten amounts could be tried together as arising out of the same transaction, but there should be ten separate trills. Section 222 (2) does not say that the charge framed in its terms shall be deemed to be a charge of one offence within the meaning of any other section, than section 234-section 235 for instance. Section 234 enables the joint trial of three offences of the same kind committed within the space of twelve months, Reading this with section 222, the meaning should be that if three offences consolidated in the manner suggested ; by section 222 have been committed within twelve months, the can be tried together under section 234. The general rule stated in section 233 is that for every distinct offence there shall be a separate charge. The exceptions are stated in section 222 and the sections following section 233. If, there­ fore, a case does not clearly fall within the exceptions, the general rule must be followed. JUDGMENT KAYANI, J.-These three appeals by Hidayat Ali relate to offences of criminal breach of trust, cheating and forgery, committed by him during 1950 as a clerk in the Office of the District Inspector of Schools at Multan. There were altogether ten amounts totalling Rs. 2,225-6-0. Four of these amounts form the subject matter of Appeal No. 276 of 1952; three relate to appeal No. 277 and the remaining three to Appeal No. 278. In each case the convictions and sentences are as follows (1) Under section 419, Pakistan P…

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