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2000 YLR 2170

BARKAT HUSSAIN vs THE STATE

Citation2000 YLR 2170
CourtLahore High Court
Case No.Criminal Appeal No,204 of 1991 /LHR. Of 1991 Criminal Appeal No,21 of 1994
Judge(s)Khawaja Muhammad Sharif, Riaz Kayani
ResultSentence reduced

' KHAWAJA MUHAMMAD SHARIF, J.---This judgment will dispose of Criminal Appeal No,204 of 1991 filed by Barkat Hussain, appellant, who was convicted under section 13 of Arms Ordinance XX of 1965 and sentenced to five (5) years' R.I. With a fine of Rs,10,000 and in default of payment of fine to undergo R.I. For six months, by the Judge, Special Court No,1, Rawalpindi constituted under Suppression of Terrorist Activities Act, 1975 vide his judgment, dated 11-3-1991.

2. Briefly stated facts of the case were that during the investigation of case F.I.R. No,280 of 1990 under section 302/307/ 148/149, P.P.C. Registered with Police Station Gujjar Khan, District Rawalpindi, the appellant led to the recovery of Kalashnikov without permit/licence, as such a criminal case under section 13 of Arms Ordinance XX of 1965 was registered vide F.I.R. No,290 on 5-12-1990 with same police station.

3. After completion of the investigation, the appellant was challenged to face the trial. Prosecution at the trial produced three witnesses in all and thereafter statement of the appellant was recorded under section 342, Cr.P.C. After conclusion of the trial, the appellant was convicted and sentenced as stated above.

4. Learned counsel for the appellant does not press the appeal on merits and submits that he would be satisfied if the period of sentence which the appellant has already undergone is treated to be sufficient sentence in the facts and circumstances of the case. To this, learned counsel for the State has no objection. This appeal is accordingly disposed of in terms that the period which the appellant has already undergone in jail is treated to be sufficient sentence to meet the ends of justice. The sentence of fine is, however, maintained and shall be paid within one month from today and in default the appellant shall be taken into custody' to serve out the S.I. For six months.

Appellant is on bail in this case and shall stand discharged from his bail bonds.

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