1998 PLP 1706 (MLD)
MUHAMMAD AMEER — Petitioner Versus THE STATE — Respondent
| Citation | 1998 PLP 1706 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD AMEER — Petitioner Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 1998 PLP 1706 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP 1706 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP 1706 (MLD) (MUHAMMAD AMEER — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Syed Nasim Shahid Hashmi for Petitioner.
Headnotes / Summary
S. 354
Sentence, reduction in
Accused had already suffered almost three months of substantive imprisonment in addition to the agony of trial and punishment for the last more than three years
Accused was a young lad and was neither a previous convict nor a hardened criminal
Sentence of one year's R.I. awarded to accused was reduced to the period already undergone by him in circumstances.
Judgment & Decree
Syed Nasim Shahid Hashmi for Petitioner. Syed Ali Raza Rizvi for the State. Date of hearing: 10th February, 1993. The brief facts leading to the present criminal revision petition are that Mst. Nasreen P.W. got a case registered vide F.I.R. No.286 on 12-10-1989 at Police Station Gogara, under section 354, P.P.C. to the effect that 5/6 days before the said date while she was going out to answer the nature's call at about 9.00 p.m., the petitioner, Muhammad Ameer, known to her, had caught her by her arm and had started kissing her; and that on her raising alarm and scolding the petitioner, her father Waryam and Dost Muhammad were attracted to the spot; and that on seeing them the petitioner had taken to his heels.
2. The learned trial Court after appraising the evidence of the prosecution produced through Mst. Nasreen P.W. 1 Waryam P.W.2, Sikandar Hayat P.W.3, and discarding the testimony of Muhammad Iqbal D.W.1 and Ghulam Ali D.W.2, had convicted the petitioner under section 354, P.P.C. and sentenced him to R.I. for one year. The appeal preferred against the said judgment was dismissed by the learned Additional Sessions Judge, Okara, vide his judgment dated 29-11-1992. Hence, the present criminal revision petition.
3. The learned counsel for the petitioner at the very outset submitted that he shall not challenge the conviction of the petitioner, but shall only contend for the reduction of the sentence awarded to him. In this respect, further submitted that the petitioner had suffered some imprisonment during his trial and had been in jail ever since the dismissal of his appeal on 29-11-1992. Therefore, argued that the petitioner has already suffered almost three months of substantive imprisonment. Further submitted that the petitioner was a young lad; and that he is neither a previous convict nor a hardened criminal. Further submitted that the petitioner had already suffered the agony of trial and punishment for the last more than three years .
4. After having heard the learned counsel for the petitioner and the State, it is deemed appropriate that it shall meet with the ends of justice, if while dismissing the present criminal revision petition, the sentence awarded against the petitioner is reduced to the period already undergone by him, in view of the facts and circumstances highlighted above.
5. In view of what has been stated above, the present criminal revision petition is hereby dismissed, but the sentence awarded to the petitioner is hereby reduced to the period already undergone by him. The petitioner shall be released forthwith, if not required to be detained in any other case. N.H.Q./M-887/L Sentence reduced.