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Criminal Appeal No. 131 of 1981, heard on 3rd November, 1984.

‑‑‑S. 420‑‑Prevention of Corruption Act (II of 1947), S. 5(2)‑ Sentence‑‑Accused lost service and suffered agony of protracted trial‑ Remaining sentence of imprisonment altered to fine.‑‑[Sentence].

S.M. Idrees for Appellant.

Riaz Abbasi for the State.

Date of hearing: 3rd November, 1984.

This criminal appeal arises from the judgment of learned Senior Special Judge, Anti‑Corruption, Punjab, Lahore, whereby he on 7‑3‑1981 convicted Ali Anwar Shah appellant under section 420, P.P.C. read with section 5(2) of the Prevention of Corruption Act, 1947 and sentenced him to two years' R.I. and a fine of Rs. 2,000, in default thereof to further R.I. for 6 months.

2. The learned counsel has not challenged the conviction of the appellant and rightly so because there is sufficient reliable oral as well as documentary evidence to prove the commission of the offence of cheating by the appellant. The learned counsel has requested for leniency in the sentence. In the circumstances that the appellant has lost his service and suffered agony of protracted trial, I feel inclined to alter the remaining sentence of imprisonment to a fine of Rs. 3,000, in default thereof six months' R.I. The fine of Rs. 2,000 and the sentence in default thereof, awarded by the trial Court is maintained. Resultantly, the appellant shall deposit Rs. 5,000 (Rupees five thousand) with the trial Court within two months, failing which it shall issue warrants fort his arrest and detention.

M.Y.H. Appeal allowed.

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