1. This revision was directed against the judgment dated 20-10-1976 whereby the learned Additional Sessions Judge, Sheikhupura dismissed the appeal of the petitioner and upheld the judgment of the trial Court convicting him under section 411 P.P.C. Vide judgment dated 28-5-1976.
2. The relevant facts briefly stated are that challan was submitted in the Court of the learned trial Magistrate under section 379/411 P.P.C. On 2-2-1976 the learned trial Magistrate framed the charge under section 411 P.P.C. Against the petitioner who pleaded guilty to the same. The learned Magistrate thereafter convicted the petitioner under section 411 P.P.C. And sentenced him to suffer six months R.I. The appeal filed by the petitioner was dismissed as indicated above observing that the plea of guilty of the petitioner was recorded by the learned trial Magistrate in detail and as such non-challenging of Noor Bhai and Anwar who were said to be partners in the crime would not earn a premium for the petitioner who had made a clear cut confession as to the theft. The order of conviction was based on the plea of guilt made by the petitioner.
3. Learned counsel in support of the revision petition argued that no conviction under section 411 P.P.C. Could be recorded as the ingredients of section 411 P.P.C. Have not been made out on record.
3. This plea has no merit. The Conviction has not been recorded on the basis of the facts proved through the prosecution evidence but on the basis of the plea of guilty made by the petitioner at the time of framing of the charge. It was next argued that the petitioner was allured to plead guilty.
4. This plea is also without merit as no basis whatsoever exists on the record for raising such a plea. In view of the plea of guilty neither the appeal was competent nor is the instant revision. This revision petition fails and is dismissed. The petitioner will be taken into custody for serving the unexpired term of sentence.