1989 PLP 764 (MLD)
RIASAT HUSSAIN‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | 1989 PLP 764 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Afrasiab Khan, J |
| Parties | RIASAT HUSSAIN‑‑Petitioner Versus THE STATE‑‑Respondent |
| Primary Law | Penal Code (XLV of 1860)‑‑ |
Q1: What are the key laws and sections cited in 1989 PLP 764 (MLD)?
This judgment primarily cites: Penal Code (XLV of 1860)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 764 (MLD)?
The case was heard and decided by the Lahore bench comprising: Afrasiab Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 764 (MLD) (RIASAT HUSSAIN‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Iqbal Salim for Petitioner.
- Date of hearing: 31st December, 1988.
Headnotes / Summary
‑‑‑S. 186‑‑Accused did not challenge his conviction, but only prayed for lenient view in the matter‑‑Accused, in peculiar circumstances of the case, was sentenced to period already undergone by him. Maqbool Elahi Malik, A.‑G. with Munir Amjad for the State.
Judgment & Decree
‑‑‑S. 186‑‑Accused did not challenge his conviction, but only prayed for lenient view in the matter‑‑Accused, in peculiar circumstances of the case, was sentenced to period already undergone by him. M. Iqbal Salim for Petitioner. Maqbool Elahi Malik, A.‑G. with Munir Amjad for the State. Date of hearing: 31st December, 1988. The Petitioner, Riasat Hussian has filed this revision under section 43.'5, Cr.P.C. challenging the judgment of his conviction and sentence. The learned Magistrate 1st Class, Kharian convicted and sentenced the petitioner to undergo three months' R.I. under section 186, P.P.C. on 6‑1‑1979. The petitioner went in appeal which was heard and dismissed by the learned Additional Sessions Judge, Gujrat on 17‑1‑1980. A case under section 186, P.P.C. was registered against the petitioner on the statement of Fazalur Rehman. According to prosecution, the petitioner went to the office of the complainant on 17‑9‑1976 at about 9‑30 a.m. and presented a voucher to the complainant. On examination it was found by the complainant that money had already been deposited and there was no need to pass the voucher. The petitioner hurled threats upon the complainant and also gave him a slap on his face by holding him from his collar. The complainant was insulted. The prosecution has produced Fazal‑ur‑Rehman P.W.1, Abdul Haq P.W.2 and Ghulam Ahmad, Constable P.W.3. The petitioner denied the allegation levelled against him while making a statement under section 342, Cr.P.C.
2. At the very out set, the learned counsel does not challenge the conviction of the petitioner and instead requested that a lenient view may be taken in the matter. In this connection, the learned counsel has brought to my notice that the petitioner has so far suffered 19 days in jail and that he may be sentenced to that period only. The learned Law Officer did not oppose the prayer of the petitioner. The incident in hand took place as back as 1976. In the peculiar circumstances of A the case, while maintaining the conviction, I proceed to sentence the petitioner to the period already undergone by him. With this modification in the sentence, there is no substance in the revision which is dismissed. H.B.T./R‑132/L Order accordingly.