Law:

Section:

Keywords: Prevention, Procedure, Order, Offences, Copy, Set Aside, Conviction, High Court, Trial Court, Division, Enquiry Officer, Pronouncement Of Judgment Result: Case remanded JUDGMENT This appeal has been preferred by appellant Ghulam Mustafa. He was tried by the learned Special Judge-cum-Enquiry Officer, Anti-Corruption, Hyderabad for offences falling under. Section 161, P. P. C. Read with subsection (2) of section 5 of the Prevention of Corruption Act, 1947. The trial ended and the case was fixed for pronouncement of judgment on 23rd September 1969. On this date it is urged on behalf of the appellant by his learned counsel that the judgment of conviction and sentences under the above-mentioned sections was pronounced by the learned trial Judge orally but the same was not written beforehand. He has therefore, now challenged in this appeal that when this is the situation such a judgment which was written later on and not at the time of its pronouncement is vitiated by virtue of section 367, Cr. P. C. In support of this contention that the judgment was not written on the date it was pronounced by the trial Judge, the learned counsel has produced three affidavits (1) of Lal Mohammad, who is the uncle of the appellant, (2) of Mr. Agha Abdul Rasool, who is an Advocate and was represent ing the appellant at the trial and (3) of Rehmat Khan, who was the Stenographer of the learned trial Judge at the time the judgment said to have been pronounced orally in question was delivered. In all these three affidavits it is said in substance that when the learned trial Judge pronounced the judgment of conviction and sentence of the appellant he had not dictated or written the judgment of conviction and sentence in his own hand. A certified copy of the judgment was applied for on behalf of the appellant-convict on the same day but it was delivered to his relative on 29th September 1969. Before the last mentioned date, however, the appellant had preferred an appeal before this High Court without appending the judgment of conviction and his sentence to his memo. Of appeal because it had not been delivered to him and lie got bail from this Court. The bail order…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492