' ARIF IQBAL HUSSAIN BHATTI, Abdul Karim alias Abdalli, appellant has filed appeal against the judgment and order of conviction, dated 14-2-1990, passed against him by the learned Judge, Special Court, S.T.A., Lahore. The learned Judge convicted the appellant to three years' R.I. Under section 120 of the Railways Act.
2. Brief facts of the case are that F.I.R. No,299, dated 29-12-1987, offence under section 506/186, P.P.C. And section 120/121/128, Railways Act was registered at Police Station Railway Police, Lahore, on the application of Muhammad Iqbal Wattoo, Railway Guard of the train. Allegations against the accused were that on 29-12-i987, railway train No,57-Up stopped at Jia Bugga while Muhammad Iqbal complainant/Guard and other staff were present when the appellant came to him and stated that there was no seat in the railway compartment, therefore, he should open the brake- compartment for sitting. On s refusal he abused and assaulted him. He removed hose-pipe of the bogey of e train and did not allow the train to start. The accused was arrested in January, 1988. The accused during trial of the case absented and was convicted in absentia under section 128 of the Railways Act to three years' R.I.
3. The appellant was arrested on 13-10-1995 and filed appeal against his conviction in this Court.
This appeal was filed after a period of 5-1/2 years. The appellant challenged the conviction as being illegal. Learned counsel submitted that the maximum punishment provided in section 128 of the Railways Act is two years and awarding of sentence of three .Years to the appellant wad illegal and without jurisdiction. Due to this legal ground, the extraordinary delay caused in filing the appeal was condoned.
4. Learned counsel during the hearing of the appeal has once again reiterated that under section 28 of the Railways Act the maximum sentence provided is two years and the award of sentence of three years As illegal and without jurisdiction. Learned counsel for the State has frankly conceded the point and is unable to support the conviction awarded to the appellant. In this view of the matter, the appeal is accepted, the conviction and sentence awarded to the appellant is set aside and shall immediately be released from jail, if not required in any other case.