Law: Criminal Procedure Code (V of 1898)

Section: 239(f)

Criminal Procedure Code (V of 1898) S. 239 (f)-" Trans­ferred by one offence "--Refers original offence of theft ­Stolen properties found in possession of various accused ­Subject-matter of more than one theft-Clause (f) snot attracted Joint trial held illegal-Convictions quashed. The word " transferred " in clause (f), section 239, Criminal Procedure Code, has apparently been used in the same sense as in section 410, Pakistan Penal Code, which defines " stolen pro­perty." This section starts with the words : " Property, the possession whereof has been transferred by theft, or, by extortion, or by robbery, etc. ". If this interpretation were not to be adopted, clause (f) would appear to be redundant in section 239 Criminal Procedure Code. The various accused were charged with being in possession of properties which were the subject-matter of more than one theft. Consequently, clause (f) was not attracted to there cases. As an express provision of law concerning the mode of trial had been contravened, the trial was illegal. A. I. R. 1927 Lah. 737; A. I. R. 1928 Pat. 38; A. I. R. 1932 Bom. 201; A. I. R. 1935 Oudh 327; A. I. R. 1935 Oudh 475; A. I. R. 1938 Cal. 525 and I. L. R. 25 Mad. 61 referred to. JUDGMENT This order will dispose of three criminal revision petitions Nos. 281, 282 and 283 of 1950. The petitioners in the first case are Waryam and Fazal, who were convicted by the trial Court under section 411, Pakistan Penal Code, and sentenced to eighteen months' rigorous imprisonment each. In the second case, the learned trial Magistrate convicted Waryam, Fazal and Haitam under section 411, Pakistan Penal Code, and sen­tenced them to eighteen months' rigorous imprisonment each. In 'the third case, the same learned Magistrate convicted Waryam, Fazal and Haitam under section 411, Pakistan Penal Code, and awarded them the identical sentences of eighteen months' rigorous imprisonment each. One other accused Hasna, who was tried along with the petitioners in the second case, was acquitted. The sentences in all the three cases were ordered to run concurrently. The convicts appealed to the learned Sessions Judge, Lyallpur, who disposed of all the three appeals by one…

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