Law: Criminal Procedure Code (V of 1898)

Section: 412

(a) Criminal Procedure Code (V of 1898)--- ----S. 412---No appeal in certain cases where accused pleads guilty---Scope---Convict after pleading guilty assailed the quantum of sentence by filing an appeal under S. 412, Cr.P.C.---Held; nothing was available on record to show that the convict retained criminal record---Convict was a first offender and appeared to be a carrier---Convict had already undergone 90% of the sentence awarded by the Trial Court, therefore, deserved remission in sentence---Chances of rehabilitation of the convict outside the prison seemed to be better than the probability of sending him behind the bars and being exposed to undesirable elements in jail---Conviction of the accused was maintained and his sentence was reduced to the one already undergone---Appeal was dismissed with modification. 2019 MLD 2053; 2017 MLD 1508 and 1992 MLD 193 ref. Niaz-ud-Din v. The State 2007 SCMR 206; 2012 YLR 1630; 2010 YLR 3240 and 2010 YLR 2170 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 412---No appeal in certain cases where accused pleads guilty---Scope---Although appeal against conviction on the basis of plead guilty is barred by the statute but appeal can be filed within the parameters of exception as provided in S. 412, Cr.P.C. (c) Criminal trial--- ----Procedure---When someone puts himself upon the discretion of the court, in that eventually the parameters for consideration for the court would become different---Although court has to exercise its all powers within the framework of law but maximum benefit can be extended to the appellant who puts himself at the mercy of the court. (d) Criminal trial--- ----Punishment, theory of---Scope---Every sentence has a purpose though the way in which it is to be accomplished might vary or differ---Case of a repeater or habitual offender where the probability of reformation is little and the case of a first time novice offender, where he regrets his wrongdoing, the two cases cannot be measured on same yardstick and the latter case deserves a lenient view. PLD 2017 Sindh 592 rel. JUDGMENT FIAZ AHMAD ANJUM JANDRAN, JUSTICE:---.--- Instant criminal appeal under section 412 read with section 420 of the Code…

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