2005 PLP 1618(2) (YLR)
MUHAMMAD RAMZAN — petitioner Versus THE STATE — Respondent
| Citation | 2005 PLP 1618(2) (YLR) |
| Forum / Court | Lahore |
| Bench Members | Ali Nawaz Chowhan, J |
| Parties | MUHAMMAD RAMZAN — petitioner Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 2005 PLP 1618(2) (YLR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 1618(2) (YLR)?
The case was heard and decided by the Lahore bench comprising: Ali Nawaz Chowhan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 1618(2) (YLR) (MUHAMMAD RAMZAN — petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Amir Khan Niazi for Petitioner.
Judgment & Decree
Amir Khan Niazi for Petitioner. Raja Abdul Rehman A.A.-G. for the State. Date of hearing: 8th September, 2004. This criminal revision arises from a judgment in appeal rendered by Mr. Javed Rasheed Mehboobi, learned Additional Sessions Judge, Khushab, dated 28-2-2003. The following excerpts from his judgment explain the modifications made in the Order of conviction earlier handed down by Syed Muhammad Ilyas, Magistrate 1st Class, Khushab, vide judgment dated 1-1-2003: - "
12. Remaining contentions raised by the defence are of trivial nature and I find no good ground to set aside the conviction as offence Under section 337-A(i), P.P.C., is made out from the evidence so produced. As such appeal is partly accepted and the' appellant is held guilty of offence under section 337-A(i). P.P.C. instead of section 337-A(ii), P.P.C. and awarded one year R.I. as Tazir. He is also ordered to pay compensation of Rs.30,OOO (rupees thirty thousand), to the victim under section 544-A, Cr.P.C. and in default of payment of compensation, he would undergo S.I. for six months". "
13. However, since there is no previous history of crimes against the accused and he is a young man of 26 years of age, his sentence of imprisonment shall remain suspended and the accused shall remain on probation for equal period of one year with District Probation Officer, Khushab, subject to furnishing surety bond for good behaviour to the satisfaction of District Probation Officer who shall submit the quarterly reports to this Court regularly. The punishment of, compensation of Rs.30,000 shall remain unaffected by order of probation. "
2. Before this Court the urgings were confined only with respect to the quantum of compensation which has been awarded under section 544-A of Cr.P.C. It has been said that after the alteration of the offence, this amount, was quite heavy for a poor petitioner to pay who can ill-afford this because of his abject poverty.
3. After hearing the arguments from both sides, whereas, this Court upholds the order of conviction and sentence given in the offence as altered by the learned first Appellate Court, it reduces the amount of compensation granted under section 544-A, Cr.P.C. from Rs.30,000 to Rs.5,000, or in lieu thereof the petitioner is to undergo simple imprisonment for a month. The revision petition is disposed of accordingly. N.H.Q./M-885/L Compensation reduced.