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Criminal Miscellaneous No. 678/A1 of 1984 in Criminal Appeal No. 836 of 1978, decided on 11th February, 1985.
Penal Code (XLV of 1860)--
---S. 409/114--Prevention of Corruption Act (II of 1947), S. 5(2)- Criminal Procedure Code (V of 1898), S. 561-A--Correction of typographical mistake in judgment--Affidavit having been filed by counsel that sentence of imprisonment was altered to fine of Hs.1,500 and not Rs. 3,000 as mentioned in judgment--Statement not controverted by counsel appearing on behalf of State--No reason, held, existed to disbelieve statement of counsel made at bar--Operative part of judgment corrected accordingly.
Sh. Khurshid Ahmad for Petitioner.
Malik Rehmat Khan Awan for the State.
ORDER
Through this petition Abdur Rauf petitioner wants me to amend clerical mistake in my judgment dated 16-9-1984 which shows fine of Rs.300 was imposed on the petitioner/ appellant therein.
2. The learned counsel submits that in fact sentence of one years R.I. was altered to a fine of Rs. 1,500 and not Rs. 3,000 as mentioned in the judgment. He has given affidavit to this effect. Malik Rehmat A Khan Awan, the learned counsel who had represented the State on 16-9-1984 does not controvert the statement made by the learned Counsel for the petitioner at but-. I do not see any reason to disbelieve them. It is, therefore, directed that the operative part of the judgment date 16-9-1984 be read as follows:-
"The sentence of one year R.1 is altered to a fine of Rs. 1,500 in default thereof to further R.I for six months. The sentence of fine, of Rs.500 already awarded by the trial Court is maintained. The petitioner shall deposit Rs. 2,000 in the trial Court."
Within one month from today. Criminal Miscellaneous stands disposed of.
S. A.
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