Law: Criminal Procedure Code (V of 1898)

Section: 408,439A

Law: Pakistan Penal Code, 1860

Section: 409

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 408 & 439-A---Appeal and revision, consolidation of---Procedural law---Scope and object---No provision in the Cr.P.C., existed which specifically barred disposal of appeal against conviction and revision for enhancement of punishment, through common ---General rule of law was that whatever was not prohibited, was permissible---Procedural laws were meant to advance the cause of justice; to regulate the court proceedings and not to vest or curtail its power---Laws of procedure were codified to cope with every emerging situation---Whenever the procedural law was silent, and circumstances so demanded, court in exercise of its inherent jurisdiction, could formulate its procedure, to meet the ends of justice---Disposal of criminal appeal against conviction and criminal revision for enhancement of sentence, through common , was not an illegality or material irregularity, which vitiated the proceedings, so recorded---Appeal was allowed, sentence awarded by appellate court was set aside and that of the Trial Court was restored accordingly. (b) Penal Code (XLV of 1860)--- ----S. 409---Criminal breach of trust by public servant, or by banker, merchant or agent---Appreciation of evidence---Sentence, reduction in---Accused being police official had obtained two SMG rifles with seven magazines and 210 live rounds for official duty---Accused did not deposit the said ammunition in the police line in spite of repeated directions---Accused plainly denied taking over of any such ammunition---Validity---Prosecution witnesses categorically stated that accused had obtained said ammunition but did not deposit the same---Father of accused got recorded his statement under S. 164, Cr.P.C. before the Judicial Magistrate wherein he stated that his son obtained two SMG rifles with seven magazines and 20 live rounds, while performing his duty as gunner with the DPO, at place "N'' which were taken by him at place "K''---Said rifles were lost at place "K'' on account of which FIR was lodged---Father of accused deposited the price of said ammunition with the police department---Accused had admitted to be employee in the police department,…

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