Muhammad Sajjad alias Sajjad respondent was tried by Magistrate 1st Class Bhalwal on the charge of outraging the modesty of Mst. Akbari Bibi petitioner. He pleaded not guilty. The prosecution produced six witnesses. Mst. Akbari Bibi stated that at the fateful time, when she reached in front of the shop of the accused/petitioner, he caught her chest as a result of which she fell on the ground and the occurrence was seen by Shan Muhammad and Nazira P.Ws. The two eye-witnesses namely Shan Muhammad P.W.5 and Nazira P.W.6 have fully supported the statement of Mst. Akbari Bibi. Ghulam Hussain A.S.I./Investigating Officer took into possession Kurta Exh.P.1 of Mst. Akbari vide memo. Exh. P.B. Attested by Sher Muhammad P.W.2 and Muhammad Ali P.W.4. The rest of the evidence is of formal nature. When examined under section 342, Cr.P.C. The respondent denied all the incriminating circumstances. He did not lead any evidence in defence.
The trial Court convicted him under section 354, P.P.C. And sentenced him to 1 year's R.I. On 31-1- 1984. Feeling aggrieved thereby, he filed appeal, which was heard by Mr. Lutaf Ali Malik, Sessions Judge, Sargodha, who while maintaining the conviction of the respondent under section 354, P.P.C.
Reduced the sentence to one already undergone and a fine of Rs.500 or in default thereof 3 months' R.I. On 1-4-1984. The fine was paid in the Court and the petitioner was discharged of the bail bonds, hence this revision by the complainant for the enhancement of the sentence of the respondent.
2. Learned counsel for the petitioner submits that the respondent had not remained in jail even for a day, so the question of reducing the sentence to one already undergone did not arise. The learned counsel for the respondent has not questioned the conviction of the respondent. He simply stated that the occurrence took place about 7 years before therefore, the sentence may not be enhanced.
3. I have considered the matter carefully. The case was registered against the respondent under section 354, P.P.C. Which was/is a bailable offence. So, the petitioner was challaned on bail. When the trial Court convicted him on 31-1-1984, it also suspended the execution of sentence in order to enable the respondent to file appeal. So, the respondent did not undergo the sentence even for a single moment nor did he remain in jail as an under-trial prisoner. Strangely enough, the learned Sessions Judge has reduced the sentence of one year's R.I. To one already undergone by the respondent.
For what has been said above, the revision is accepted and the sentence of Muhammad Sajjad alias Sajjad respondent is enhanced to six months' R.I. In addition to a fine of Rs.500, which he has already paid in the Appellate Court. The trial Court shall issue warrants for the arrest .Of Muhammad Sajjad respondent. On arrest, he will be sent to jail to serve the sentence.