PLJ 2024 Cr.C. (Note) 265
[Lahore High Court, Multan Bench]
Present: Shehram Sarwar Ch., J.
FARYAD HUSSAIN--Appellant
versus
STATE etc.--Respondents
Crl. A. No. 274 of 2015, decided on 9.9.2024.
Pakistan Penal Code, 1860 (XLV of 1860)--
----Ss. 376/352/451/511--Reduction in sentence--Expression of remorse and repentance--Counsel for the appellant does not press the conviction of appellant in offence u/Ss. 352 and 451 PPC and has requested for reduction of his sentence--The appellant has expressed remorse and repentance with an assurance not to indulge himself in such like crime--This sentence is reduced to that already undergone. [Para 3] A & B
Mr. Imran Saqi, Advocate along with Appellant (on bail).
Mr. Muhammad Ali Shahab, Deputy Prosecutor General for State.
Mr. Muhammad Riaz Sial, Advocate for Complainant.
Date of hearing: 9.9.2024.
Judgment
Faryad Hussain (appellant) has been tried by the learned Addl. Sessions Judge, Karor District Layyah in case FIR No. 477 dated 08.12.2011 offence under Sections 376 and 511, PPC registered at Police Station Fatehpur District Layyah and vide judgment dated 13.04.2015, he has been convicted under Section 352, PPC and sentenced to imprisonment for one month R.I. with fine of Rs. 5,000/-and in default whereof to further undergo S. I. for five days. He has also been convicted under Section 451, PPC and sentenced to ten months R.I. with fine of Rs. 20,000/- and in default thereof to further undergo S. I. for 20 days. He was also burdened to pay Rs. 20,000/-as compensation to the complainant u/S. 544-A Cr.P.C. Both the sentences were ordered to run concurrently with benefit of Section 382-B, Cr.P.C. Assailing the above convictions and sentences, the appellant has filed the appeal in hand.
2. Heard. Record perused.
3. At the very outset, learned, counsel for the appellant does not the press the conviction of appellant in offence under Sections 352 and 451, PPC and has requested for reduction of his sentence awarded by the learned trial Court to that already undergone by him, on the ground that the appellant has expressed remorse and repentance with an assurance not to indulge himself in such like crime. Learned Law Officer as well as learned counsel for the complainant have no objection if the request of learned counsel for the appellant is acceded to.
4. On my reappraisal of evidence, I am of the view that the appellant has rightly been convicted by the learned trial Court in offences under Section 352 and 451, PPC. Coming to the reduction of sentence of appellant, considering the peculiar circumstances of this case discussed above and agony of trial faced by the appellant coupled with no objection by the learned Law Officer and learned counsel for the complainant, while maintaining his conviction under Sections 352 and 451, PPC, his sentence is reduced to that already undergone by him. The amount of fine (Rs. 20,000/-) under Section 451, PPC imposed by the learned trial Court and the compensation amount payable to the complainant, are reduced to Rs. 5,000/- each. The amount of fine shall be paid by the appellant in the learned trial Court within a period of one month. After payment of fine by the appellant within the stipulated period, his surety shall stand discharged from the liability of bail bond and in case of non-payment of fine, the law shall take its own course.
5. With the above said modification in the quantum of sentence, this criminal appeal is disposed of.
(K.Q.B.) Appeal disposed of
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