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AHMAD versus THE STATE


Pakistan Penal Code Section 6 37 Con The conviction was not challenged and sentenced the accused to face a lengthy trial only for reduction of sentence.

1986 P Cr. L J 2682

[Lahore]

Before Muhammad Munir Khan, J

AHMAD‑‑Appellant

Versus

THE STATE Respondent

Criminal Appeal No. 271 of 1980, decided on 26th April, 1986.

Penal Code (XLV of 1860) --

‑‑‑S. 376‑‑Conviction not challenged and only reduction of sentence sought‑‑Accused suffering agony of protracted trial‑‑Agony of protracted trial coupled with imprisonment of two years served out by accused, held, would meet case‑‑Sentence of imprisonment reduced to one already undergone and fine also remitted.

Mehr Ghulam Ali Mubashir for Appellant.

S.D. Qureshi for the State.

JUDGMENT

This criminal appeal arises from the judgment of the learned Magistrate Section 30, Sargodha whereby he on 27‑1‑1980 convicted Ahmad under section 376, P.P.C. and sentenced him to six years' R.I. and fine of Rs.2,000 or in default thereof to further R.I. for six months. He was also awarded 15 stripes.

2. The learned counsel for the appellant has not challenged the conviction and rightly so because there is ample reliable evidence on the record which connects the appellant with the commission of offence. The learned counsel has requested for leniency in the sentence. In the circumstances, that the occurrence took place in the year 1979; that the appellant has sufferred agony of protracted trial, that he was allowed bail after two years of his conviction, I feel that the agony of protracted trial coupled with imprisonment already served out by him would meet the case. The sentence of fine of Rs.2,000 and imprisonment in default thereof is also remitted. The appeal is disposed of accordingly.

H.A.K. Sentence reduced.

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