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Criminal Appeal No. 360 of 1979, heard on 12th July, 1984

‑‑---‑S. 5(2)‑‑Illegal gratification‑‑Sentence‑‑Accused not only lost his service but also suffered agony of protracted trial‑‑Nature of sentence altered from imprisonment to fine.‑‑[Sentence].

Hasnat Ahmad for Appellant.

A.D. Sajid for the State.

Date of hearing: 12th July, 1984

This criminal appeal arises from the judgment of learned Special Judge, Anti‑Corruption, Sargodha whereby he on 13‑3‑1979 convicted Ham Din appellant under section 5(2) of the Prevention of Corruption Act, 1947 and sentenced him to nine months' R.I. and a fine of Rs.11,000, in default thereof to further R.I. for 11 months.

2. The learned counsel has not challenged the conviction of the appellant and rightly so because there is ample evidence to connect the appellant with the commission of crime for which he has been convicted. He simply requested for the 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 118.1,000, in default thereof to further R.I. for 6 months. The fine of 11s.11,00 awarded by the trial Court is, however, maintained. The appellant shall deposit Rs.12,000 in all with the trial Court failing which the trial Court shall issue warrants for arrest and detention of the appellant.

M.Y.H Appeal accepted.

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