Law: Criminal Procedure Code (V of 1898)

Section: 369, 438, 439

Criminal Procedure Code (V of 1898)  Ss. 369, 438 & 439-Reference under S. 438 by Sessions Judge for enhancement of sentence and accused also filing revision peti tion before High Court challenging correctness of his conviction Revision petition admitted to hearing and order passed that both revision and reference be disposed of together-Due to mistake of office only reference put up for hearing and Judge, without examining merits of conviction, enhancing sentence in absence of convict and without hearing him-Subsequently on revision coming up for hearing Judge feeling that accused merited acquit tal Previous order enhancing -sentence recalled and held that provision of S. 369, Cr. P. C. did not apply in such case and was no bar to recalling of previous order. Horf Ram Singh v. Emperor A I R 1939 F C 43; Ramautar Thakur and others v. State of Bihar A I R 1957 Pat. 33; Muhammad Samiullah Khan and another v. The State P L D 1961 Lah. 227; Gulzar Hussain Shah v. Ghulam Murtaza and others P L D 1970 S C 335; Sankatha Singh and others v. State of Uttar Pardesh A I R 1962 S C 1208; Emperor v. Lukman A I R 1927 Sind 39; A I R 1929 Sind 26; Emperor v. Haji Khamoo A I R 1936 Sind 233; Crown v. Misr! P L D 1955 Sind 366; Kala v. Emperor A I R 1929 Lah. 584 and Crown v. Ghulam Mohammad P L D 1950 Lah. 479 ref. Dates of hearing: 29th January and 5th February 1973.                                                                                                                                      JUDGMENT In order to appreciate the important question of law that arises in these matters it is necessary to state the history of these proceedings. By a judgment dated the 12th of July 1971 the learned VII Additional City Magistrate, Karachi convicted one Mohammad Hanif, whom for the purposes of convenience I shall hereinafter refer to as the…