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Criminal Revision No. 101 of 1983, decided on 4th June, 1984.
-- S. 411-Sentence, reduction in-Petitioner not a previous convict and amount involved Rs. 41 only - Sentence of one year's R 1. reduced to six months' R: I. in circumstances. -[Sentence].
Abdul Baqi for Petitioner.
Shah Nawaz for the State.
Date of hearing: 4th June, 1983.
Muhammad Yamin petitioner was convicted under section 411,. P. P. C. and sentenced to undergo R. 1. for one year, vide judgment, dated 30th January 1983 of the Magistrate Section 30, Jhang. He filed an appeal in the Sessions Court but it was dismissed on 12th February, 1983. He has challenged the aforesaid orders through this revision petition.
2. The case of the prosecution was that on 30th August, 1982 the petitioner removed a handkerchief containing Rs. 41 from the pocket of Muhammad Ramzan complainant. Muhammad Munir A. S. I., P. W. 4 apprehended him when be was being chased by the complainant and recovered the stolen money from his possession.
3. At the admission stage the learned counsel submitted that the petitioner being first offender should have been released on probation under the provisions of Offenders Ordinance, 1960 and this petition was admitted to consider this question. The learned counsel now submits that in the circumstances of the case, the sentence awarded to the petitioner is excessive and prays for reduction.
4. Having gone through the record I find that the conviction of the petitioner is based on cogent evidence. The question of sentence, however, needs consideration. The petitioner is not a previous convict and the amount involved is Rs. 41 only. In the circumstances the sentence of R. 1. B for one year is excessive and the same is reduced to R. I. for six months. The petitioner shall also be given the benefit of section 382-B, Cr. P. C. The petition stands disposed of accordingly.
S. G. D. Order accordingly.
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