Law: Penal Code (XLV of 1860)

Section: 415,419

Penal Code (XLV of 1860)------   ----- Ss. 415 & 419-Scope "Hall ticket" and "examination paper"-Whether "Property Penal Code (XLV of 1860), S. 22.   An article to be property need not possess a marked value, if it has some special value for the person concerned, it is property even though its value cannot be measured in money.   "Hall ticket" entitling a candidate to sit for an examina tion, as well as "examination paper" are "property" within meaning of section 415, P. P. C.   Where, therefore, the accused fraudulently induced the university authorities to deliver to him the "Hall ticket" and the "examination paper" for a certain examination;   Held, that the accused committed an offence under section 419, P. P. C.   Muhammad Bakhsh and others v. The Crown I L R 22 Lah 718 distinguished.   Dates of hearing : 7th January 1957 & 14th January 1957.   JUDGMENT   MUHAMMAD SHARIF, J.-----Amanat Ali son of Muhammad Din, caste Arain, aged about 20 years, resident of Mozang, Lahore, Muhammad Azim son of Muhammad Din, caste Arain, aged about 23 years, also a resident of Mozang, Lahore, and Muhammad Sharif, were tried under sections 420, 419 and 109 P. P. C. by Mr. Muhammad' Jaleel, Magis trate 1st Class, Lahore, who convicted the first on two counts under section 419/109, P. P. C. and the second also on two counts under section 419, P. P. C., respectively, and sentenced the former to two years' rigorous imprisonment on each count, and the latter to nine months' rigorous imprisonment on each count. The sentences on the two counts in each case -were directed to run concurrently. Muhammad Sharif, the third accused in the case, was acquit ted. On appeal the learned Sessions judge acquitted the two convicts on the first count under sections 419 and 419/109, P. P. C. respectively, but maintained their convictions under the second count under those sections and reduced their sentences from two years' rigorous imprisonment to one year's rigorous imprisonment in the case of Amanat Ali and from nine months' rigorous imprisonment…