2018 PLP 415 (YLR)

SYED MUHAMMAD KAZIM RAZA SHAMSI, J.

Shabbir Hussain and five others (respondents) faced trial before the learned Judicial Magistrate, Faisalabad in the cross version of FIR No. 358 dated 29.3.2010 registered under sections 337-F(v), 337-A(ii), 337-F(i), 337-L(2), 354 and 34, P.P.C. and at the conclusion of trial vide judgment dated 13.2.2015, Shabbir Hussain, Munir Hussain, Altaf Hussain, Muhammad Ramzan, Haq Nawaz and Sultan were con-victed under sections 337-F(v), 337-A(ii), 337-F(i), 337-L(2), P.P.C. and awarded sentence of payment of Daman amounting to Rs.5000/- each payable to the different victims whereas under section 337-F(v), P.P.C., Haq Nawaz convict was directed to pay Daman amounting to Rs.15,000/-.

2. Mst. Shamim Bibi the complainant of the case feeling aggrieved of the award of punishment of Daman to the convicts, prayed for enhancement in the sentences by filing criminal revision petition before the learned Additional Sessions Judge which was dismissed on 3.2.2016.

3. Now the petitioner through the instant petition prays for the enhancement in sentences awarded by the learned trial court to the respondents and maintained by revision court by stating that a lesser amount has been awarded by the court which may be enhanced.

4. This submission of the learned counsel for the petitioner has been considered and it is found that the respondents have not challenged their conviction before the first appellate court nor in this court so seeking enhancement in the punishment of the respondents in the circumstances is not made out.

5. Even otherwise according to section 337-Y, P.P.C., the court is required to determine the amount of Daman keeping in view the expenses incurred on the treatment of the victim; loss or disability caused in the functioning or power of any organ and the compensation for the anguish suffered by the victim. This section shows that it is left at discretion of the court to determine the amount of Daman keeping in view the afore-noted facts. The perusal of the record shows that in most of the offences, the respondents were convicted and sentenced under sections 337-L(2) and 337-F(i), P.P.C., meaning thereby that the victims Mst. Shamim Bibi, Mst. Baharan Bibi and Mst. Nusrat Bibi had suffered simple injuries so the amount of Rs.5000/- was fixed by the court keeping in view the nature of the injuries received by the ladies. Moreover, the injured in their statements never asserted that they had suffered any loss or disability in the functioning or power of their organs of body, the expenses on their treatment and that they had suffered some anguish. The victims are required to prove these facts in their testimony so that the court could determine the amount of Daman keeping in view those facts. In the absence of such evidence, the learned trial court had rightly determined the amount of Rs.5000/- to be paid to the injured as Daman which order was maintained by learned first appellate court. Further, the courts while following the principles laid down in subsection (2) of section 337-N, P.P.C., did not inflict any sentence of imprisonment as Tazir upon the convicts as prosecution has failed, to establish that convicts were previous convict, habitual or hardened, desperate or dangerous criminals. Moreover, such sentence of imprisonment as tazir can only be inflicted in cases where sentence of Arsh is awarded and not in other cases.

6. For the foregoing reasons, the petition in hand having no merits, is dismissed in limine. JK/S-77/L Petition dismissed.