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Criminal Revision No. 1051 of 1967, decided on 11^th December 1967,

, S. 75 read with Criminal Procedure Code (V of 1898), S. 511 and Evidence Act (l of 1872), S. 91 Previous conviction‑Enhancement of sentence‑Application of S. 75, P. P. C.‑Dates and particulars of previous conviction not brought on record while according enhanced sentence‑Sentence of accused reduced from 2 years' R. I. to one year's R. I.

Abdul Waheed for Petitioner.

Sh. Riaz Ahmad for A.‑G. for the State.

Muhammad Saeed alias Muhammad Ishaque has been convicted under section 379, P. P. C. read with section 75, P. P. C. by Rana Muhammad Nawaz Khan, Additional District Magistrate, Gujrat, and sentenced to two years' R. I. On appeal his conviction and sentence have been upheld by Malik Lehrasap Khan, Additional Sessions Judge, Gujrat. From this conviction and sentence he filed this revision petition. The same came up for hearing before this Court and a learned Judge of this Court by his order dated the 5th October 1967, dismissed the case on merits and admitted this petition on the question of sentence only. .

2. There is a finding by the learned Additional District Magistrate on the file that he has taken judicial notice of the conviction slip attached with the file. I have perused the record. It is essential for the Court when invoking section 75 P. P. C. to set out in its judgment with precision the dates and the particulars of each previous conviction, which is relied upon for the purpose of applying that section. In the instant case, the accused was not even examined as to his previous convictions under section 342, Cr. P. C. nor is there any mention of the dates of previous convictions in the judg ments of the Courts below or any extract of judgment of previous conviction of the accused has been placed on the file.' The mere fact that the search slip was placed on the file and has been taken judicial notice of by the learned Magistrate does not conform to the provisions of section 511, Cr. P. C. Tot conclude I would say that the previous convictions of the accused have not been brought on the record as required by section 511, Cr. P. C. or section 91 of the Evidence Act. B Section 511, Cr. P. Code is quite explicit on this point and it is clear that all those previous convictions, which are being relied on for the purpose of section 75, P. P. C. have not been brought on record, in accordance with law.

3. In the circumstances the petition is accepted to the extent that the sentence is reduced from two years' R. I. to one year's R. I.

Petition partly accepted.

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