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Criminal Revision No.412 of 1984, -heard on 3rd November, 1984.
Electricity Act (IX of 1910)--
---S. 39-A--Penal Code (XLV of 1860), S.379--Sentence--Accused not previous convict--Remained in jail for more than 3 months--Sufficient evidence available on record justifying conviction--Sentence, however, was reduced to already undergone and sentence of fine was set aside.
Qadeer Ahmad Siddiqui for Petitioner
Malik Rehmat Khan for the State.
Date of hearing: 3rd November, 1984.
The facts giving rise to this revision are that the petitioner was tried by Special Magistrate WAPDA whereby he on 25-10-1981 convicted him under section 39-A of Electricity Act, and sentenced him to one year R.I. and a fine of Rs.1,000, in default thereof to further R.I. for 3 months. His appeal failed on 19-8-1984, hence this revision.
2. The learned counsel has not challenged the conviction of the petitioner and rightly so because there is sufficient reliable evidence on record to connect the petitioner with the commission of crime. The learned counsel has requested for leniency in the sentence. In the circumstances that the petitioner is not a previous convict and that he remained in jail for more than 3 months, I am of the view that the sentence already undergone by him would meet the case. The sentence of Rs.1,000 is also set-aside. He shall be released forthwith if not required in any other case.
S.A.
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