Full Judgment Text & Judicial Ruling

1994 P Cr

1994 P Cr. L J 1089

[Lahore]

Before Khalil-ur-Rehman Ramday, J

MUHAMMAD KHALID---Petitioner

Versus

THE STATE---Respondent

Criminal Revision No.276 of 1992, decided on 4th November, 1992.

West Pakistan Arms Ordinance (XX of 1965)---

----S. 13---Sentence, reduction in---Accused was a young boy of about twenty years and was never involved in a criminal case---Accused was not carrying any live cartridges and the carbine recovered from him could not be said to be in his possession for the purpose of using the same as a weapon of offence-- Accused was a poor labourer and had already suffered the agony of criminal proceedings for more than four years and had been in the custody for more than six months---Sentence of one year's R.I. awarded to accused was reduced to the term of imprisonment already undergone by him in circumstances.---[Sentence].

Najeeb Faisal Chaudhry for Petitioner.

Zaeem-ul-Farooq Malik, A.A.-G. with Shahbaz Saeed Sajid for the State

Date of hearing: 4th November, 1992.

JUDGMENT

Muhammad Khalid petitioner was convicted by a learned M.I.C. at Lahore through his judgment, dated 6-6-1991 for the commission of an offence punishable under section 13 of Arms Ordinance of 1965 and was punished with one year's R.I. His appeal before the Sessions Court failed through a judgment, dated 30-4-1992 of a learned Additional Sessions Judge of Lahore.

2. Hence this revision.

3. The accusation against Khalid petitioner was that he was found in possession of a Carbine P.1 and did not have a licence to possess the same.

4. In view of the concurrent findings of guilt recorded against Khalid convict, the learned counsel representing him submits at the very outset that he does not contest the conviction recorded against the petitioner but prays for reduction in sentence awarded to him on the grounds that the petitioner has never ever been involved in any criminal case; that he is a young boy of about twenty years of age; that he was not carrying any live cartridges etc. while being possessed of a Carbine; that the circumstances do not suggest that he was in possession of this weapon for the purpose of using the same as a weapon of offence; that the convict is a poor labourer who has already suffered enough having faced the agony of criminal proceedings for more than four years and for having been in the custody for more than six months and finally that in the circumstances, the convict deserved leniency.

5. In view of the submission made by the learned counsel, I consider it appropriate to finally dispose of the main petition today.

6. The record is already available with this Court Notice

7. Mr. Zaeem-ul-Farooq Malik, Assistant Advocate-General is present in Court in connection with some other case and has entered appearance in this matter, on Court call. He has no objection to the disposal of this petition today as a notice case. He has been heard.

8. In view of the submissions made by the learned counsel for the petitioner which have been noticed above, while maintaining the conviction recorded against the petitioner under section 13 of the Arms Ordinance of 1965, the sentence of one year's R.I. awarded to him is reduced to a term of imprisonment already suffered by him after extending to him the benefit of the provisions of section 382-B of the Cr.P.C. The petitioner is in jail. He shall be I set at liberty forthwith, if not required to be detained in any other case.

9. This petition is disposed of in the above terms.

N.H.Q./M-1417/L Sentence reduced.

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