Law: Criminal Procedure Code (V of 1898)

Section: 439(5)

Law: Penal Code (XLV of 1860)

Section: 201

(a) Criminal Procedure Code (V of 1898), S. 439 (5)¬---Appeal filed beyond limitation Whether can be treated as application for revision. The prohibition against revision contained in section 439 (5), Criminal Procedure Code is only in those cases where a party comes to the High Court on the revisional side without filing an appeal. The powers of the High Court under sections 435 and 439, Criminal Procedure Code are very wide and if any matter comes to their notice in which some illegality has been committed, the High Court has ample power to interfere under this provision of law to prevent injustice in spite of the fact that an appeal lies and has not been filed within limitation. In appropriate cases, the High Court is competent to treat an appeal filed beyond limitation to be an application for revision. Gerimal v. Shewara A I R 1926 Sind 215 dissented from. Pars Ram v. Emperor A I R 1931 Lah. 145 and Tejumal Hassomal v. Emperor A I R 1932 Sind 211 fol. (b) Penal Code (XLV of 1860), S. 201 Mere circumstance, body of deceased was recovered at instance of accused Cannot lead to his conviction. THIS JUDGMENT DELIVERED BY: WAHEEDUDDIN AHMED, JUSTICE:---.--- This is an appeal from the judgment of Mr. Abdur Rashid, Additional Sessions Judge, Lahore at Sheikhupura, in Sessions Case No. 25 of 1956. Appellant Sarwar was convicted under section 201, P. P. C. and sentenced to seven years' rigorous imprisonment. 2. Before dealing with the case on merits it will be proper to mention here that the appellant filed this appeal from jail after a period of 237 days. He has neither made an application nor he had given any sufficient cause to condone delay under the provisions of section 5 of the Limitation Act. The appeal, therefore, is obviously time barred and cannot be entertained. I have, however gone through the judgment of the learned Sessions Judge to find out whether it is a fit case to be interfered with under the revisional jurisdiction of this Court. In my opinion the conviction of the appellant under section 201, P. P. C., on the facts of this case is not justified. During the hearing of this case I came across a decision of the Sind Judicial Commissioner's Court…

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