Law: Criminal Procedure Code (V of 1898)

Section: 439(1)(6),369,233,234

Law: Prevention of Corruption Act, 1947

Section: 5

Law: Pakistan Penal Code, 1860

Section: 161

(a) Criminal Procedure Code (V of 1898), S. 439 (1) and (6) Accused's revision rejected by High Court after full hear­ing-Notice to accused to show cause why sentence be not enhanced Accused entitled afresh to show cause against conviction-Criminal Procedure Code (V of 1898), S. 369 ­Whether, a bar. (By Division Bench)-Subsection (6) of section 439 gives a fresh right to the accused to question his conviction even after his petition has been dismissed under section 439 (1) after full hearing. The decision to entertain a petition for enhancement after a revision petition by the accused has been dismissed destroys the finality of a in revision, and if it could be reopened for the benefit of the Crown, it might well be reopened for the benefit of the accused. The supposed conflict between sections 369 and 439 (6) is apparent only, for their objects are different and the language of each is restricted to its own object. The review or alteration contemplated by section 369 could not have been contemplated to have resulted from the exercise of a special jurisdiction which section 439 (6) creates. Assuming that an order of acquittal under subsection (6) of section 439 amounts to an alteration or review of the already passed under subsection (1) and that such a result is repugnant to section 369, then since subsection (6) is a subsequent enactment and since leges posteriores priores contrarias abrogant, to that extent section 369 should be held to have been repealed pro tanto. I. L. R. 25 Lah. 391 F. B ; I. L. R. 49 Bom. 450 ; I. L. R.. 50 Bom. 783 ; I. L. R. 54 Bom. 822 ; I. L. R. 8 Lah. 521 ; I. L. R. 10 Lab. 241 ref. (b) Criminal Procedure Code (V of 1898), Ss. 233, 234 -Offence of criminal misconduct under 'S. 5, Prevention of Corruption Act (11 of 1947) and offences of specific instances of bribery under section 161 Pakistan Penal Code (XLV of 1860) -Not of the same kind-Trial together illegal. Per Khurshid Zaman, J,-I find it extremely difficult to hold that an offence under section 5 of the Act is an offence of the same kind in relation to offences under section 161. The various instances of offences under section 161, some of which formed the subject of charges…

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