Law: Criminal Procedure Code (V of 1898)

Section: 439

Law: Penal Code (XLV of 1860)

Section: 406

(a) Criminal Procedure Code (V of 1898) S. 439-Revision, scope of-Revisional jurisdiction discretionary in nature-Concurrent findings of Courts below, held, not interfered with unless found to be perverse or resulting in miscarriage of jus tice.-[Revision (criminal)]. (b) Penal Code (XLV of 1860) S. 406--Sentence-Accused old man of sixty at time of convic tion and waiting decision of petition for a period of 12 years- Sentence reduced to period already undergone in circumstances of case.-[Sentence]. Date of hearing : 17th October, 1979.                                                                                                                                 JUDGMENT The petitioner was convicted under section 406, P. P. C. by the learned Magistrate, Multan and sentenced to undergo one year's R: I. and to pay a fine of Rs. 4,700 or in default to suffer nine months' R. I. vide his order dated 29th September, 1966. The petitioner filed an appeal which was dismissed by the learned Addl. Sessions Judge, Multan v. his order dated 11th April, 1947. 2. This petition is directed against the aforementioned order of con viction and sentence imposed upon the petitioner. The complainant Noor Muhammad also filed Criminal Revision No. 593 of 1967 seeking enhancement of the sentence imposed upon the petitioner. This order shall dispose of both the matters together. 3. According to the prosecution version, the petitioner was entrusted with a sum of Rs. 4,700 by the complainant in the months of September October, 1961 in two instalments. One of Rs. 1,200 vide receipt dated 10th September, 1961 and the other of Rs. 3,500 vide receipt dated 15th October, 1966. The background of passing this money was that Noor Muhammad was an allottee of lot No. 27 situated in Chak No. 93/M which was resumed by the Government, and the same, with crops, was delivered to…