Law: Criminal Procedure Code (V of 1898)

Section: 367,367(2)(3),426,439,497

Law: Pakistan Penal Code, 1860

Section: 53,109,171,302(b),420,468,471

Law: Anti Terrorism Act, 1997

Section: 7(a)

Law: Emigration Ordinance, 1979

Section: 17,17(1)(2)(b),22(b),

(a) Criminal Procedure Code (V of 1898)--- ----S. 367---Contents of Judgment---Conviction and acquittal---Prerequisites---Conviction and acquittal must always be specific with reference to offence because it is never crime number/FIR for which one is tried but offence(s) which accused is claimed to be guilty---Legally every offence has its own ingredients (allegation) as well as consequences thereof--- Either charged accused is to be acquitted of every single charged offence else it has to be within competence of court(s) to convict accused for any offence regardless of his acquittal from some of charged offences---Law permits conviction for offence not specifically charged but found proved--- Mandatory requirement of a valid (within meaning of section 367 Cr.P.C.) is that acquittal must be with reference to offences while conviction must not only be with reference to offence but must specify section thereof. (b) Emigration Ordinance (XVIII of 1979)--- ----Ss. 17 & 22(b)---Penal Code (XLV of 1860), S. 471---Criminal Procedure Code (V of 1898), Ss. 367, 426, 439 & 497---Fake and forged travel documents---Suspension of sentence---Moulding of relief---Alternative punishment, providing of---Accused persons were convicted and sentenced by Trial Court on grounds of providing fake travel documents and visas---Accused sought suspension of sentence on grounds that co-accused was extended bail and fine was imposed under rule of "alternative punishment"---Validity---Manner in which Trial Court had awarded sentence(s) showed that legal principle was entirely ignored because though Trial Court convicted accused for two different offences yet awarded single sentence which too without specification---Conviction in such a manner could not be said to be within mandatory requirement of S. 367(2), Cr.P.C. and any departure thereto would render such not legal--- Sentence awarded by Trial Court could not be stamped to be legal because if accused was found guilty for commission of offence under S.471 P.P.C. then punishment of imprisonment was mandatory/obligatory---High Court declared that in absence thereof, conviction for offence under S. 471 P.P.C. could not be said to be…

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