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RAFIULLAH versus STATE


Section 409 of the Corruption Act (II of 1947), Section 5 (2) of the Criminal Code (V9 1898), sections 410 and 423 of the denial of evidence by the trial court high court under section 410 CCPC Conversely, using the powers of appeal under Section 423 CCPC, the accused's appeal was dismissed and the amount of punishment and fines increased, any appeal or review by illegal state justification Misconduct was charged in the general terms for misappropriating certain properties of various cases worth Rs 4,26,133 but not in relation to any particular property. Without giving details ayydadun High Court has pointed out, without being influenced by the fact that the accused was muhrar. Outside of any unusual circumstances to increase the sentence, the appellate or revision of the sentence may interfere with the court, in appropriate cases, examine the question of punishment but the increase in punishment was not appropriate simply because the court did not have the law. Was able to punish the maximum sentence provided under. There was no justification for the increase in the conviction and the decision of the superior. The court was set aside to extend the conviction and partial permission for the trial court to be restored

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