Law: Code of Criminal Procedure, 1898

Section: 435 , 439, 34, 30

Law: Pakistan Penal Code (PPC),1860

Section: 412 , 395

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 435 & 439--Criminal revision--Revisional jurisdiction--Power of Court to enhance sentence--A Court of Sessions established by Provincial Government under Section 9 of Code comprises of a Sessions Judge, Additional Sessions Judges, and Assistant Sessions Judges--In its original jurisdiction to try offences under Chapter XXII-A of Code, a Sessions Judge or an Additional Sessions Judge can pass any sentence authorised by law--The caveat being that any sentence of death passed by any such Judge is always subject to confirmation by High Court in exercise of its jurisdiction under Chapter XXVII of Code--Whereas, while exercising its revisional jurisdiction in terms of Section 439-A of Code, power of High Court under Section 439(1) of Code, to ‘enhance sentence’ awarded to a convict, can be exercised by a Sessions Judge while an Additional Sessions Judge has and may exercise all powers of a Sessions Judge under Chapter XXXII in respect of any case which may be transferred to him under any general or special order of Sessions Judge--While allowing a Court of Sessions to enhance sentence of a convict, legislature placed an embargo to extent of such powers in subsection (3) of Section 439 of Code--Simply put, Court of Sessions, in exercise of its revisional jurisdiction, cannot inflict a greater punishment or impose a fine higher than one that could have been imposed by learned trial Magistrate--As per Section 32 of Code, a Magistrate can only pass sentences depending on its status as either of first class, second class, or third class. [P. 687] A & B Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 435, 439 & 34--Power of Magistrate--Where Court of a Magistrate of first class is specially empowered by Provincial Government under Section 30 of Code to try as a Magistrate all offences not punishable with death, Magistrate so empowered under Section 30 may ‘pass any sentence authorized by law, except a sentence of death or of imprisonment for a term exceeding seven years’.             [P. 687] C Criminal Procedure Code, 1898…