The facts leading to the filing of this petition are that petitioner was tried by Magistrate First Class, Railway, Lahore for an offence under section 379/411, P.P.C. The trial Court vide its judgment dated 3-12-1989, convicted and sentenced the petitioner under section 379, P.P.C. To 2 years' R.I. With a fine of Rs.2,000 or in default six months' S.I. The convict appealed which was dismissed by Additional Sessions Judge, Lahore. The appellate Court, however while dismissing the appeal, reduced the sentence of the appellant to one year's R.I. With a fine of Rs.1,000 or in default thereof three months' S.I.
Learned counsel for the petitioner at the very outset contended that he would not challenge the conviction and sentence; instead he would only pray for the reduction in sentence. According to him the petitioner had already undergone five months' imprisonment, which would be sufficient in the circumstances of the case because the petitioner had never been involved in any criminal case previously. The petitioner is driver of a flying coach and if allowed to remain in jail would lose his job, which would cause great hardships to his family.
2. I have heard the learned counsel at length and gone through the evidence. According to the evidence produced petitioner was sitting on a motor--cycle regarding which he is alleged to have committed theft. All the witnesses stated that the moment he opened the lock he was apprehended. In these circumstances I feel at its best it would be a case of attempt to commit theft. In any case since learned counsel for the petitioner has not challenged the conviction, therefore, I feel keeping in view the evidence the sentence awarded to him is too excessive.
Therefore, while dismissing the revision the sentence of imprisonment is reduced to the period already undergone by him, which is about five months. The sentence of fine in default thereof shall be maintained. With this observation the revision is dismissed.