2008 PLP 1562 (MLD)
MUHAMMAD ALI alias PAPOO — Appellant Versus THE STATE — Respondent
| Citation | 2008 PLP 1562 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | MUHAMMAD ALI alias PAPOO — Appellant Versus THE STATE — Respondent |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2008 PLP 1562 (MLD)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 1562 (MLD)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 1562 (MLD) (MUHAMMAD ALI alias PAPOO — Appellant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- The learned counsel for the State, Mr. Fazalur Rehman Awan, Advocate, states that from the facts of the case the offence falls under section 393, P.P.C. and not under section 398, P.P.C.
Headnotes / Summary
S. 398--Appreciation of evidence
Accused present in the court repented and promised that he would not repeat the offence in future
Accused also submitted that he was a married man, having wife and children and he prayed for mercy
Accused had been continuously in custody for last about three years and three months
Keeping in view the repentence and regrets for committing the offence shown by accused and his seeking forgiveness from the Almighty Allah, his sentence was reduced to, one already undergone by him
Amount of fine was also reduced from Rs.50,000 to Rs.2,000, in circumstances.
Judgment & Decree
KHAWAJA NAVEED AHMED, J.
Convict Muhammad Ali alias Papoo is present in Court and has filed this Jail Appeal against his conviction and sentence awarded by the learned VII Additional Sessions Judge (South), Karachi, in Sessions Case No.827 of 2004. The facts of the case are that on 14-12-2004 complainant Dr. Hafiz Jamil Ahmed son of Nizamuddin has lodged F.I.R. at Risala Police Station, Karachi, stating therein that on that date at about 11-15 a.m. he went to the 1st Women Bank situated at Ayesha Manzil, Karachi, and had withdrawn Rs.60,000 from the Bank. While he was returning in his car bearing registration No.M-8645 and reached near the Eye Ward of Civil Hospital, Karachi, all of a sudden one person came towards him and on the gun point demanded cash from him. The accomplice of that accused was present on motorcycle, which was in start condition. The complainant resisted and overpowered the said accused and had handed him over to the Police Mobile of Risala Police Station, which had reached there on the spot. Upon inquiry, the accused has disclosed his name as Muhammad Ali alias Papoo son of Faiz Muhammad. The trial Court after recording evidence has convicted the accused/appellant under section 398, P.P.C. and sentenced him to 'undergo imprisonment for seven years and fine of Rs.50,
000. The learned counsel for the State, Mr. Fazalur Rehman Awan, Advocate, states that from the facts of the case the offence falls under section 393, P.P.C. and not under section 398, P.P.C. The convict is present in Court. He repents and promises with the Court that he will not repeat the offence in future. He also submits that he is a married man, having wife and children and prays for mercy. The convict/appellant has been continuously in custody for last about three years and three months. Keeping in view the repentence and regrets for committing the offence shown by the convict/appellant and his seeking forgiveness from the All Mighty Allah, I hereby reduce his sentence to the one already undergone by him. The amount of fine is reduced from Rs.50,000 to Rs.2,000 and in default of payment of fine he will suffer further S.-I. for fifteen days. With this modification in the conviction, sentence and fine, the appeal dismissed. N.H.Q./M-106/K Appeal dismissed.