' Applicant Idrees Chanda was tried by Assistant Commissioner and S.D.M. Eidgah, Karachi, for the offence under section 5 of the Sindh Prevention of Gambling Ordinance, 1978. He was convicted on his own plea of guilt and sentenced to suffer R.I. For two months vide judgment, dated 16-10-1989.
The applicant challenged this order of conviction in Criminal Appeal No,21 of 1989 before learned Sessions Judge (South) Karachi, which was, however, dismissed summarily on 8-11-1989. By this revision application the applicant has questioned the quantum of sentence awarded to him by the learned S.D.M.
2. I have heard Mr. S.M. Ismail Shah, learned counsel for applicant and Mr. Jalaluddin Balouch learned counsel for State. The latter while supporting the impugned judgment has conceded that the sentence already undergone by the applicant will meet the ends of justice.
3. Under section 412, Cr.P.C. An accused is debarred from challenging the order of conviction where he pleads guilty to the charge and is convicted on his plea of guilt. He can, however, file an appeal only to the extent or legality of sentence. The perusal of record shows that the learned Magistrate has discriminated the applicant by awarding imprisonment for two months, although in the same case he had awarded imprisonment for one month to co-accused Zakir alias Chotoo. There is nothing on record to justify this discrimination.
4. The applicant has almost completed the sentence awarded to him. I would, therefore, maintain the conviction but reduce the sentence of imprisonment awarded to applicant to that already undergone by him. The revision application is disposed of in the above terms.
Sentence reduced.