ORDER

Ismail and Mulla, JJ. - In the case of Zamir Qasim a point of law has arisen which relates to the interpretation of Section 428(1)(b)(2), Criminal P.C., which says that the appellate Court may in an appeal from a conviction alter the finding, maintaining the sentence, or with or without altering the finding reduce the sentence. It has been argued by learned Counsel for the Crown that in case the charges under Sections 120B and 457, Penal Code, are not made out against Zamir Qasim, it is open to this Court to convict him either u/s 411 or Section 414, Penal Code. He was charged of these offences along with others in the Court below. The learned Sessions Judge, however, found him guilty under two counts only, namely, Sections 120B and 457, Penal Code. There is no specific order of acquittal with respect to other charges, but from the language of the charge and the finding of the learned1 Judge of the Court below with respect to that charge, it is manifest that in his judgment the appellant Zamir Qasim was not guilty of an offence u/s 411 or Section 414, PenalJCode. It is urged on behalf of Zamir Qasim that he must be deemed to have been acquitted of those charges by implication.