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1993 MLD 2248

MUHAMMAD IDREES vs THE STATE

Citation1993 MLD 2248
CourtFederal Shariat Court
Case No.Criminal Appeal No,352/L of 1992
Date1993-01-14
Judge(s)Muhammad Ryas
ResultSentence reduced

' This appeal has been preferred by Muhammad Idrees. He has been convicted by Rao Hamid Mukhtar Khan, Additional Sessions Judge, Chiniot, by his judgment, dated the 15th September, 1992, under section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, and sentenced to undergo rigorous imprisonment for seven years, whipping by fifteen stripes and to pay a fine of Rs,10,000 or in default, suffer further rigorous imprisonment for two years.

2. Learned counsel for the appellant has not assailed the conviction of the appellant but submits that the sentences awarded to him may be suitably reduced. According to him, the appellant suffered the rigours of trial for nearly four years.

3. Learned counsel for the State has no objection to the reduction of the sentence of rigorous imprisonment for seven years to the one already undergone by him and to reduction of fine from Rs,10,000 to Rs,2,000 and to the undergoing of sentence for non-payment of fine to one month's rigorous imprisonment. He also agrees that the number of stripes may be reduced to five.

4. I, therefore, maintain the conviction of the appellant under section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and reduce his sentence of rigorous imprisonment for seven years to the one already undergone by him. The sentence of fine is reduced to Rs,2,000. In default of payment of fine, the appellant shall suffer to undergo rigorous imprisonment for one month. The number of stripes is also reduced to five He shall be released after serving out the sentences, as reduced above, if not required in any other case.

5. The appeal is disposed of in terms of the above order and the Suo Motu Notice No,2/1 of 1993 is recalled.

Sentence reduced.

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