Law: Criminal Procedure Code (V of 1898)

Section: 410, 423

(On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 27th May 1969, in Criminal Appeal No. 462 of 1966). Criminal Procedure Code (V of 1898), Ss. 410 & 423- Criminal appeal--Counsel for appellant not pressing appeal on merits but praying merely for reduction of sentence--High Court, in circumstance, not considering appeal on merits but otherwise reducing sentence as prayed for--Whether High Court relieved of its duty to consider criminal appeal on merits even if it is pressed only on ground of sentence-Special Leave to Appeal granted by Supreme Court to consider question. Date of hearing: 9th December 1969. ORDER M. R. KHAN, J.--The petitioner No. 1 was convicted under section 325 of the Pakistan Penal Code and sentenced to rigorous imprisonment for 5 years. All the five petitioners including petitioner No. 1 were convicted under section 147 of the Pakistan Penal Code and sentenced to rigorous imprisonment for one year, each. The sentences of the petitioner No. 1 on two counts were to run concurrently. The petitioners preferred an appeal to the High Court against their convictions an sentences. Mr. Akrain Hossain Amin, Advocate represented the petitioners in the criminal appeal in the High Court. It appears from the judgment of the High Court that Mr. Akram Hossain Amin did not press the appeal on merits, but prayed only for reduction of sentences of the petitioners. On this prayer, the learned Judges of the High Court did not really consider the appeal on merits, but reduced the…