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Petitioner: ALI HUSSAIN KHAN VS Respondent: THE STATE
P L D 1960 (W
P L D 1960 (W. P.) Karachi 454
Before Munshi, J
ALI HUSSAIN KHAN‑--Appellant
Versus
THE STATE--‑Respondent
Criminal Appeal No. 489 of 1959, decided on 25th January, 1960.
Penal Code (XLV of 1860),
S. 381‑--Whipping in lieu of imprisonment for offence under S. 381 cannot be awarded-Whipping Act (IV of 1909), S. 3 (a).
Section 3 (a) of the Whipping Act, 1909, excludes the punishment of whipping in lieu of imprisonment in case of theft by servant of property in possession of his master. Hence punishment of whipping in lieu of imprisonment cannot be awarded for an offence under section 381 of the Penal Code, 1860.
Faizanul Haq for Appellant.
Abdul Kadir Sheikh, A. A. G. for Respondent.
Date of hearing: 25th January 1960.
JUDGMENT
Ali Hassan Khan son of Ahmed Shah, formerly an employee of Ali Automobiles was convicted by Mr. Nazir Ahmed one of the A. C. Ms. of Karachi of the offences punishable under sections 381 and 411, P. P. C. and sentenced on each count to R. I. for 6 months with the direction that the sentences should run con currently.
On appeal, the learned Sessions Judge of Karachi set aside the conviction under section 411, P. P. C. and maintained the same under section 381, P. P. C. and instead of maintaining the sentence of R. I. for 6 months, he directed that in lieu of the un-expired portion of the sentence, 10 stripes should be inflicted on the applicant. Against this judgment, the applicant has come to this Court:
Section 3 (a) of the Whipping Act, 1909 which is relevant for the purpose of this case expressly excludes the punishment of whipping in lieu of imprisonment in case of a servant of property in possession of his master. As said above, the applicant committed the theft while he was servant of Ali Automobiles at the relevant time. That being so, the punishment of whipping in lieu of imprisonment was without jurisdiction. I therefore maintain the conviction of the applicant for the offence punishable under section 381, P. P. C. and set aside the punishment of whipping and instead maintain the sentence of 6 months' R. I. imposed upon him by the trial Court. With this modification in the appel late judgment I dismiss the appeal.
Appeal dismissed with certain modifiation.