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Criminal Appeal No.5 of 1979, decided on 18th September, 1984.

--Ss. 221 s 232--Penal Code (XLV of 1860), Ss. 477-A & 204--Charge, effect of error in--Accused charged for offence falling under S. 477-A, P.P.C. but ultimately convicted for offence falling under S. 204, P.P.C.--Section 204, P.P.C. not being cognate to S. 477-A, P.P.C. accused, held, could not be convicted under S. 204, P.P.C.--Conviction and sentence set aside in circumstances.

Mian Sher Alam for Appellant.

Ashraf Khan for the State.

Date of hearing: 18th September, 1984,

This criminal appeal arises from the judgment of the learned Special Judge, Anti-Corruption, Rawalpindi whereby he on 19-12-1978 convicted Muhammad Sharif appellant under section 204, P.P.C. and sentenced him to R.I. for two years and a fine of Rs.2,000 in default thereof to further R.I. for six months.

2. Since after hearing the learned counsel for the parties, I am of the view that the learned trial Court after having framed charge under section 477-A, P.P.C could not have convicted the appellant under section 204, P.P.C., therefore, I need not set out the facts of the case and enter into the merits of the case. No doubt, section 204, P.P.C. as compared to section 477-A, P.P.C. is a minor offence but to my mind, the same being not cognate, the trial Court was not competent to convict the appellant under section 204, P.P.C. without first having framed charge under that section. The two sections may be reproduced:

"Section 477-A.-- Falsification of accounts.--Whoever, being a clerk, officer or servant or employed or acting in the capacity of a clerk, officer or servant, wilfully, and with intent to defraud, destroy, alters, mutilates or falsifies any book, paper, writing, valuable security or account which belongs to or is in the possession of his employer, or has been received by him for or on behalf of his employer or wilfully and with intent to defraud, makes or abets the making of any false entry in, or omits or alters or abets the omission or alteration of any material particular from or in, any such book, paper, writing, valuable security or account, shall be punished with imprisonment of either description for a term which may extend to seven years, or with both."

Section 204.-- Destruction of document to prevent its production as evidence.--Whoever secrets or destroys any document which he may be lawfully compelled to produce as evidence in a Court of Justice, or in any proceeding lawfully held before a public servant as such or obliterates or renders illegible the whole or any part of such document with the intention of preventing the same from being produced or used as evidence before such Court or public servant as aforesaid or after he shall have been lawfully summoned or required to produce the same for that purpose shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both."

3. From the examination of the two provisions of law reproduced above, it is very much obvious that section 477-A, P.P.C. relates to falsification of accounts whereas section 204 , P.P.C. relates to the destruction of document to prevent its production as evidence. Since the two sections are not relatable to the same subject, therefore, I am of the view that the trial Court without first framing the charge under section 204, P.P.C. against appellant could not have convicted him under that section. The conviction recorded and the sentence awarded to the appellant is therefore, set aside.

S.G.D. Appeal allowed.

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