2005 PLP 1568 (YLR)

Fayyaz Ahmad son of Muhammad Iqbal was tried along with his co-accused Muhammad Rafique by Magistrate Section 30, Gujranwala in case F.I.R. No.154 dated 21-5-2000 under section 392, P.P.C. Police Station, Girjakh, Gujranwala whereby he was convicted under sections 392, 411 as under:-- Under section 392, P.P.C. Imprisonment for thee years' R.I. with a fine of Rs.15,000 and in default of payment of fine to undergo further S.-I. for two months. Under section 411, P.P.C. Imprisonment for one year. Benefit of section 382-B, Cr.P.C. is given to the petitioner. Through the same judgment Muhammad Rafique was also convicted for the offences as mentioned above. Their appeals against conviction filed by both the convicts were declined by the learned A.S.J., Gujranwala on 29-3-2004.

2. Briefly stated the facts of the prosecution case as disclosed in complaint Exh.P.C. are that on 21-5-2000 the complainant along with his wife was coming to his house from the house of his in-laws. When they reached at the corner of Street Rajputan, two persons stopped them and the person with small height asked the other person to fire at them upon which the complainant inquired about the matter upon which both of them asked him to part with what he has in his possession. Thereafter the person with small height started searching his person and removed wrist watch. The complainant also handed over Rs.5,800 to them. Both the above-said persons asked the complainant's wife to hand over the golden ornaments which she was wearing and the wife of the complainant handed over the gold ornaments weighing 5 tolas to the accused. The accused fled away.

3. The trial Court framed the charge which was denied by the accused and they claimed trial.

4. After closing the prosecution evidence statements of the accused were recorded under section 342, Cr.P.C. They denied the allegations and claimed their innocence and false involvement.

5. The trial culminated into their conviction as mentioned above. They challenged their conviction and sentence through two criminal appeals but both were dismissed by the learned A.S.J., Gujranwala on 29-3-2004. Through the instant appeal Fayyaz Ahmad has challenged the judgment whereas Muhammad Rafique did not challenge the same. Learned counsel for the appellant does not challenge the conviction and has prayed for reduction in sentence.

6. Conversely, learned counsel for the State has opposed the appeal and supported the impugned judgment.

7. Heard. Record perused.

8. Admittedly, the complainant himself sworn affidavit before the Appellate Court exonerating the petitioner. Similarly his wife Bilqees Bibi had also made some concession in her statement while she was being examined as P.W.3, even then the petitioner has not challenged his conviction recorded against him by both the Courts below. However, he has prayed that sentence be reduced as having been already undergone as he has served out one year substantial sentence out of three years. The petitioner was arrested on 19-2-2001 along with his co-accused Muhammad Rafique and they have served out one year substantial sentence out of three years. Recovery of alleged articles have not been effected. As the prosecution case was established by ocular account and was corroborated by the recovery memo. supported by the Investigating Officer, therefore, he is justified in not challenging his conviction. As far as sentence is concerned, as mentioned above the parties had compromised during the trial, and the petitioner and his co-accused Muhammad Rafique have no previous criminal history, therefore, lenient view is being taken and sentence is reduced to that of having been already undergone. Both the accused are ordered to be released forth with if not required to be detained in any other criminal case. H.B.T./F-85/L Order accordingly.