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K.L.R 1989 Criminal Cases 253

RIASAT HUSSAN vs THE STATE

CitationK.L.R 1989 Criminal Cases 253
CourtLahore High Court
Case No.Crl. Rev. No.73 of 1980
Date1989-02-25
Judge(s)Raja Afrasiab Khan
ResultN/A

RAJA AFRASIAB KHAN, J.- The petitioner,Riasat Hussain, has filed this revision under section 435 Cr.P.C, challenging the judgment of his conviction dnd sentence. The learned Magistrate 1st Class, Kharian convicted and sentenced the petitioner to undergo three months'R.I. Under section 186 PPC on 6.1.1979.The petitioner went in appeal which was heard and dismissed by the learned Additional Sessions Judge Gujrat on 17.1.1980. A case under section 186 PPC was registered against the petitioner on the statement of Fazalur Rehman.According to prosecution, the petitioner went to the office of the complainant on 17.9.1976 at about 9.30 a.m. And presented a voucher to the complainant. On examination it was found by the complainant that money had already been deposited and there was no need to pass the voucher.The petitioner hurled threats upon the complainant and also gave him a slap on his face by holding him from his collar.The complainant was insuIted. The prosecution has produced Fazalur Rehman PW1, Abdul Haq PW2 and Ghulam Ahmad Constable PW3. The petitioner denied the allegation levelled against him while making a statement under section 342 Cr.P.C.

2. At the very out set, the learned counsel does not challenge the conviction of the petitioner and instead requested (hat a lenient view may be taken in the matter.In this connection, the learned counsel has brought to my notice that the petitioner has so far suffered 19 days in Jail and that he may be sentenced to that period only. The learnd Law Officer did not oppose the prayer of the petitioner .The incident in hand took place as back as 1976.

In the peculiar circumstances of the case,while maintaining the eonviction, Proceed to sentence the petitioner to the period already undergone by him. With this modification in the sentence, there is no substance in the revision which is dismissed.

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