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Criminal Revision No.548 of 1984, decided on 19th November, 1984.

Criminal Procedure Code (V of 1898)--

---S.439--Penal Code (XLV of 1860), S.354/451--Consecutive sentences--Whether maintainable--Accused committing house trespass for purpose of committing offence punishable with imprisonment Contention that sentences for both offences should not be consecutive, held, had force--Sentences under Ss.354 & 451, P.P.C. ordered to run concurrently.--[Sentence].

Nemo for the Petitioner.

Zafar Yasin for the State.

This is a revision petition filed under section 439 Cr.P.C. by Noora, petitioner, against the order of the learned Sessions Judge, Jhang, dated 16-7-1984, dismissing his appeal. Earlier, a Magistrate of Rabwa had convicted the petitioner under sections 354 and 451 P.P.C. and sentenced him to one year's rigorous imprisonment each for each of these offences; the sentences being ordered to run consecutively.

2. Learned counsel for the petitioner has not 'turned up. With the assistance of the learned counsel for the State, 1 have perused the record.

3. The only technical objection raised by the learned counsel for the petitioner at the time of the admission of this revision petition was that since the petitioner was convicted under section 451 P.P.C., which related to house trespass with a view to the commission of an offence, the petitioner's sentences for offence under section 354 and 451, P.P.C. should not have been ordered to run consecutively, It appears that the petitioner trespassed into the house of Mst Sahib Bibi P.W.1 at about mid-night time and caught hold of her arm and asked her to accompany him. On a hue and cry being raised by the said lady, other inmates of the house got up, during which interval the petitioner made good his escape. Considering that the petitioner has been convicted under section 451, P.P.C. for having committed house trespass for the purposes of committing an offence punishable with imprisonment, the contention of the learned counsel for the petitioner that the petitioner's sentences for both the offences should not have been ordered to run consecutively, is not without force.

4. In these circumstances, this petition is partly accepted and the judgment of the learned Sessions Judge, Jhang, dated 16-7-1984 is modified to the extent that the sentences awarded to the petitioner under section 354 and 451, P.P.C. shall run concurrently and the benefit of section 382-B, Cr.P.C. shall be granted to him.

5. The petitioner is on bail. His bail bond is cancelled. He is ordered to be taken into custody to serve out the remaining period of his sentence.

S.A.

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