Law: Criminal Procedure Code (V of 1898)

Section: 31,340(2),342,377,423,426,427,428,429,43 9,439(3),439A,544A,561A

Criminal Procedure Code (V of 1898)--- ----Ss. 31, 439(3), 439-A & 561-A---Enhancement of sentence of imprisonment and compensation by revisional court beyond sentencing powers of Trial Court---Scope---Trial court, convicting the accused of the charge under S. 377, P.P.C. sentenced him to undergo imprisonment for 3 years along with payment of compensation, but the revisional court enhanced the sentence of imprisonment to 10 years and also enhanced the compensation awarded by the Trial Court---Question before the High Court was whether under revisional jurisdiction, the sentence exceeding to the competency of Trial Court could be awarded---Under S. 439-A, Cr.P.C, Sessions Judge, while exercising revisional jurisdiction, would exercise the same powers and jurisdiction as provided under S. 439, Cr.P.C---Section 439, Cr.P.C provided that under revisional jurisdiction, a sentence greater than the competency of Trial Court could not be awarded---Assistant Sessions Judge was a judicial officer, who for all purposes, exercised powers which were vested in Magistrate of Section 30, which meant that the latter could rightly be termed as an Assistant Sessions Judge---Trial Court/Magistrate Section-30 was not competent to impose sentence to an accused beyond 7 years imprisonment; accordingly, as provided under S. 439 (3), Cr.P.C, the revisional court was not competent to enhance the sentence beyond the jurisdiction of the Trial Court---Enhancement of sentence to 10 years by the revisional court was therefore illegal ab initio and abuse of process of the court, which could be looked into under inherent powers of S. 561-A, Cr.P.C---High Court, setting aside the impugned order of the revisional court as to enhancement of the sentence of imprisonment, maintained the same regarding enhancement of compensation---Application under S. 561-A, Cr.P.C was partially allowed accordingly. Mst. Sarwar Jan v. Ayub and another 1995 SCMR 1679 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD TARIQ ABBASI, JUSTICE:---.--- By way of this petition, the judgment dated 22.4.2015, passed by the learned Additional Sessions Judge, Phalia, District Mandi Bahauddin, has been called in question, whereby…

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