This criminal appeal arises from the judgment of learned Additional Sessions Judge, Lahore, whereby he, on 31-8-1983 while acquitting Hassan bin and five others of the charge under section 364-A, P.P.C. Convicted them under various sections of P.P.C. And sentenced them as under:- Under section 147, P.P.C,to nine months' R.I. Each.
Under section 448, P.P.C.To nine months' R.I. Each.
Under section 380, P.P.C. To two years' R.I. And a fine $f Rs.500 each , in dcfalult of the payment of fine one month's R.I. Each.
Under section 363, P.P.C.To two years' R.I. And a fine of RS.500 each for kindnapping Muhammad Waris.
2. The learned counsel for the appellants has not challenged the conviction of the appellants under sections 147, 448, 380 and 363, P.P.C. Fie has simply requested for leniency in sentence on the ground of compromise between the parties. Muhammad Waris is present in Court. He states that his custody was delivered to the accused/paternal-uncle by his mother with her consent and now he is living with them for the last seven years.
3. Since compromise between the parties is a recognised ground for reduction in sentence and the accused are the paternal-uncles of the minor child kidnapped by them and that the appellants have already suffered the agony of protracted trial and have remained in Jail for sufficient long time, so I feel that the agony of protracted trial coupled with the imprisonment suffered by them as under-trial prisoners and as convicts would meet the case. The sentence of fine is also remitted.
S.A./H-241/L