MUHAMMAD ISMAIL vs The STATE — 1971 SCMR 763

Citation: 1971 SCMR 763

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-11-11

Parties: MUHAMMAD ISMAIL vs The STATE

Headnotes

Case cited as 1971 SCMR 763

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Sajjad Ahmad Jan Title: MUHAMMAD ISMAIL vs The STATE Case No.: Criminal Appeal No. K-5 of 1970 Date of Judgment:1971-11-11 Reported As: 1971 SCMR 763 Result: Appeal dismissed JUDGMENT JUDGMENT SALAHUDDIN AHMED, J.---This appeal by special leave is from the order of a learned Single Judge of the erstwhile High Court of West Pakistan, Karachi Bench, dismissing the appeal of the appellant and his co-prisoners, and inter alia, enhancing the appellant's sentence from three years' rigorous imprisonment to seven years' rigorous imprisonment under section 395/397 of the Pakistan Penal Code. Leave was granted to consider the limited question whether the High Court, in the absence of any appeal from acquittal, had jurisdiction to alter the sentence of the appellant under section 395, P. P. C. To section 397, P. P. C. It was, however, held that the finding of facts given by the Courts below was based on proper appreciation of evidence and called for no interference. The appellant at the material time was an Assistant Sub---Inspector of Police, and the allegations against him were that he along with three constables came to the house of one Parial and had tied him up after having slapped him. The appellant was armed with a revolver and the three constables were armed with a 303 rifle each. Parial was told that there was a report against him of theft of cattle belonging to Haji Amir Bakhsh. Although Parial informed the…

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