| Citation(s) |
|---|
| 1949 SLG 56 1949 SLD 56 1949 PLD 179 |
Lahore High Court
Criminal Appeal No. 111 of 1949, decided on 14th June 1949, from the order of Magistrate First Class, with Section 30 Powers, dated 25th November 1948
MUHAMMAD, JAN, J
Hamid-ud-Din, for Appellant. Iftikhar-ud-Din Ahmad, for Advocate-General
Criminal Appeal No. 111 of 1949, decided on 14th June 1949, from the order of Magistrate First Class, with Section 30 Powers, dated 25th November 1948
MUHAMMAD, JAN, J
Hamid-ud-Din, for Appellant. Iftikhar-ud-Din Ahmad, for Advocate-General
ZAMIR HUSSAIN and others
VS
THE CROWN
Law: Criminal Procedure Code (V of 1898)
Section: 35,367(2),537(a),439,326,148,44,45
Law: Pakistan Penal Code, 1860
Section: 71,232,235,240,243
(a) Criminal Procedure Code (V of 1898), Ss. 35, 367 (2)Separate sentences for convictions on separate charges, not passed-Irregularity is curable under section 537 (a) -Penal Code (XLV of 1860) S. 71. The trial Court should have passed separate sentences for convictions on separate charges. The direction to this effect in the High Court Rules and Orders, Volume III, Chapter 19-A, para. 5 is in the following words :- "When a person is convicted of more than one offence, the Court should be careful to pass a separate sentence for each offence, so that if the conviction is set aside on appeal with respect to one of the offences, there should be no room for doubt as to the sentences passed with respect to the rest." The failure of the trial Court to specify the sentences under each count may, however, be treated as an irregularity and the sentence passed may be treated as a concurrent sentence under both the sections. [p. 181]. I L R 10 All. 58 ;.A I R 1933 Sind 9 referred to. A I R 1924 All. 492 followed. (b) Penal Code (XLV of 1860), Ss. 232 and 235-Separate convictions and sentences under these two sections are illegal. The offence described in section 235, Indian Penal Code, is included in the offence described in section 232, Indian Penal Code and separate convictions and sentences under these two sections are improper and illegal. [p. 182]. 14 P R 1904 ; A I R 1924 Lah.. 78, followed. (c) Penal Code (XLV of 1860), S. 235-Possession of materials and instruments for the purpose of counterfeiting is punishable Knowledge by other members of the family is not an offence. It is clear from the wording of section 235, Penal Code, that it is the possession of any instrument or material for the purpose of counterfeiting that is made punishable, not -the knowledge that some one else is in such possession. [p. 183]. A I R 1933 Patna 272. followed. (d) Criminal Procedure Code (V of 1898), S. 439-Conviction of accused who had not appealed can be set aside by High Court under S. 439 while disposing of appeals of other co-accused. Mst. Sharifan has not appealed, but in view of my finding that no offence has been proved against her, I take cognizance of her case under…
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