For the same allegation, Pakistan Penal Code Sections 406 and 420 were charged under Section 420, PPC and Section 406, PPC, and were not charged in the alternative because of fraud and trust. The allegations of criminal misconduct were quite different, so the suspect could be either guilty of it. Fraud or breach of trust and both cannot be guilty of a crime which is based on the same facts. The accused was under trial under sections 406 and 420, so the PPC was not only bad in law, but under both of those provisions, his conviction was illegal and that was, however, for the case to be re-tried. He was not sent back because the accused faced a lengthy trial and remained in jail for several months.
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