' Muhammad Yousaf petitioner was tried by Magistrate Section 30, Chichawatni under sections 406 and 420, P.P.C. on the charge of obtaining money from Muhammad Ibrahim complainant on the pretext of sending him to Saudi Arabia. On the conclusion of the trial he was convicted under section 406/420, P.P.C. and sentenced as under:-
(i) Under section 406, P.P.C.One year's R.I.
(ii) Under section 420, P.P.C.One year's R.I. and a fine of Rs.5,000, in default one year's R.I.
' Feeling aggrieved thereby he filed appeal which was dismissed by the learned Additional Sessions Judge, Sahiwal on 15-8-1981. Hence this revision.
2. Learned counsel for the petitioner submitted that the conviction of the petitioner under sections 406 and 420, P.P.C. on the same facts is illegal. Learned counsel for the State has not been able to controvert it.
3. I have considered the matter carefully. I feel persuaded to agree with the learned counsel for the petitioner. I find that the petitioner was not charged in the alternative. For the same allegation he was charged under section 420, P.P.C. and under section 406, P.P.C. The offences of cheating and criminal breach of trust arc altogether different. So, the petitioner can either be guilty of cheating or of criminal breach of trust. In any case he could not be guilty of both the offences on the same facts. For these reasons I am convinced that not only the trial of the petitioner under sections 406 and 420, P.P.C. was bad in law but his conviction under both these sections was also illegal. The occurrence took place ten years back and the petitioner has suffered the agony of protracted trial.
He remained in jail for some months. So, I do not feel inclined to send the case back for retrial. The revision is disposed of accordingly.