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Criminal Appeal No. 352 of 1979, decided on 15th July, 1984.

(a) Prevention of Corruption Act (II of 1947)--

--S. 5(2)--Ample evidence found on record connecting accused with commission of crime for which he was convicted--Defence not challenging conviction and only prying for conjunction of sentence--Conviction maintained and sentence altered to fine in circumstances.

(b) Prevention of Corruption Act (II of 1947)--

---S. 5(2)--Sentence--Accused not only losing service but also suffering agony of protracted trial--Nature of sentence changed from rigorous imprisonment to fine in circumstances.-[sentence].

Zafarullah Cheema for Appellant.

Muhammad Amjad for the State.

Date of hearing: 12th July, 1984.

This criminal appeal arises from the judgment of learned Special Judge Anti-Corruption, whereby he on 15-3-1979 convicted Aftab Hussain appellant under section 5(2) of the Prevention of Corruption Act, 1947 and sentenced him to imprisonment for nine months, R.I. and a fine of Rs.6,000, in default thereof to further R.I. for 9 months.

2. The learned counsel has not challenged the conviction of the appellant and rightly so because there is ample evidence on record to connect the appellant with the commission of crime for which he has been convicted. He simply requested for reduction in the sentence. In the circumstances of the case that the appellant has not only lost his service but also suffered agony of protracted trial, I feel inclined to alter the nature of sentence from 9 months, R.I. to a fine of Rs.1,000, in default thereof to further R.I. for 6 months. The fine of Rs.6,000 B already awarded by the trial court is maintained. Resultantly, the appellant shall deposit Rs.7,000 with the trial Court within two months failing which the trial Court shall issue warrants for his arrest and detention.

H . A . K .

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