A B MAHAMMAD Vs. EMPEROR

JUDGEMENT

(1.) The Sessions Judge finds that the accused took away the coat of the girl but acquits him as he was of opinion that the accused was insane when he committed the act. Reading the judgment as a whole, I think there is a specific finding that the accused committed the act complained of and the provisions of Section 470, Criminal Procedure Code, have been complied with.

(2.) He was, however, wrong in not having passed orders under Section 471. Mr. Adam, Public Prosecutor, contends that the High Court has no power to pass orders and that the case must go back to the lower Court. He relies on Section 4(sic)9, Clause 4, Criminal Procedure Code, which prevents the High Court from converting a finding of acquittal into one of conviction. I do not think the passing of an order under Section 471 after an acquittal has been recorded, can be said to alter a finding of acquittal into one of conviction, The acquittal iS maintained, but, in view of the desirability of keeping the accused from further mischief, the Court passed orders as to his safe custody.

(3.) So far as the High Court is concerned, it has, in revision, all the powers of a Court of Appeal. Section, 439, Clause (I), makes this clear and confers on the High Court powers under Section 423. Under Clause 1 to Section 423, the Appellate Court can make any consequential or incidental order as may be just and proper.