' The petitioners, Noor Ahmad son of Nawab, Mashooq son of Taju, Sharif son of Diyal, Anwar and Rafique sons of Makhan, were convicted by the learned Magistrate 1st Class, Kasur, vide his judgment dated 31st October, 1975 under section 379, P.P.C. And were sentenced to suffer six months' R.I. Each. The petitioners challenged their conviction and sentence by filing appeal before the learned Sessions Judge, Kasur who vide his judgment dated 7th January, 1976 rejected the same and upheld the judgment of the learned Magistrate.
2. The case of the prosecution in brief is that on 5th October, 1972 Muhammad Azhar S.I. P.W.6 received an information that iron plates from the Railway Depot, Rai Wind, are likely to be stolen.
Accordingly the said witness formed a raiding party and thereafter at 10-30 p.m. The above- referred premises were raided and the petitioners were arrested at the spot. Iron plates P.5 to P.8 were recovered from Rafique petitioner and were taken into possession vide memo. Exh.P.B. Iron plates P.9 to P.12 were recovered from Sharif petitioner and were taken into possession vide memo.
Exh.P.C. Iron plates P.13 to P.16 were recovered from Anwar petitioner and were taken into possession vide memo. Exh.P.D. Similarly iron plates P.17 to P.20 and P.21 to P.24 were recovered from Noor Ahmad and Mashooq petitioners and were taken into possession vide memos. Exhs.P.E. And P.F. Respectively. The prosecution in order to prove its case produced as many as six witnesses in the case. Sh. Ghulam Muhammad P.W.1, Muhammad Arshad P.W.2, Nizam Din P.W.3, Muhammad Boota P.W.4 (declared hostile), Muhammad Tufail P.W.5 and Muhammad Azhar S.I. P.W. 6 were produced by the prosecution. The petitioners denied the allegation levelled against them while making statements under section 342, Cr.P.C. And stated that the case has been registered against them because of enmity. They also produced Karam Dad D.W.1, Rana Wali Muhammad D.W.2, Ghulam Mustafa D.W.3 and Sadiq D.W.4 in their defence. The defence witnesses submitted that the petitioners were men of good character. The learned trial Court placed reliance on the statements of Muhammad Arshad P.W.2, Nizam Din P.W.3, Muhammad Tufail P.W.5 and Muhammad Azhar P.W.6 and came to the conclusion that the petitioners were found stealing the Railway Iron Plates and that they were caught red-handed by the members of the raiding party. The learned trial Court convicted and sentenced the petitioners as stated above.
3. At the very outset, learned counsel for the petitioners as well as the learned State counsel submitted that the instant case pertains to the year 1976 and that they have already served out one month and 25 days in jail. The learned State counsel made a statement that if the conviction of the petitioners is maintained and their sentences are reduced to the period already undergone by them, it will serve the ends of justice. He stated that this is very old case and that the occurrence took place as back as 5th October, 1972.
4. I have heard the learned counsel for the parties and have perused the record. Occurrence in the case took place about 16 years back and petitioners were convicted by the learned trial Court on 31st October, 1975 namely 13 years ago. The learned State counsel has conceded that he has no objection if the petitioners are sentenced to the period already undergone by them. Under the circumstances, I do not think it appropriate to send back the petitioners to jail to serve out the remaining sentence. It is in the interest of justice that the conviction of the petitioners be maintained and their sentences be reduced to the period already undergone by them.
Accordingly, the conviction of the petitioners is maintained and their sentences are reduced to the period already undergone by them. With this modification, there is no substance in the criminal revision which is accordingly dismissed. The petitioners are on bail. Their bail bonds stand discharged. .