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Petitioner: MUHAMMAD INAYAT VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Abdul Majeed Tiwana Title: MUHAMMAD INAYAT vs THE STATE Case No.: Criminal Revision No. 263 of 1989 Date of Judgment:1989-08-01 Reported As: 1989 MLD 4074 Result: Sentence reduce
JUDGMENT
JUDGMENT Muhammad Inayat petitioner was tried by Ilaqa Magistrate, Mandi Baha-ud-Din, and vide his order, dated 30-8-1987, he was convicted under section 354, P.P.C. And sentenced to one year's R.I. For having outraged the modesty of Mst. Maqsooda Bibi on 11-9-1984 at about 6 p.m. In the area of village Khutiala Syedan, when she had gone out to the field to make water. His appeal was rejected by Sardar Khan Chaudhary, learned Additional Sessions Judge, Gujrat, on 19-4-1989 and he came up in revision to this Court. 2. It is argued on behalf of the petitioner that the Investigating Officer in this case was not produced by the prosecution and the prosecution case on that account has a major procedural defect as his non-production has caused prejudice to the petitioner. He, however, submits that if on account of the non-appearance of the Investigating Officer the case is to be remanded then the conviction of the petitioner may be maintained and his sentence may be reduced. 3. The non-appearance of the Investigating Officer as a prosecution witness ordinarily results in prejudice to the accused and the case needs to be remanded but in view of the request of the learned counsel for the petitioner the appropriate course appears to be to avoid the remand of the case as by this process the petitioner would inevitably suffer rigors of retrial. Therefore, where his conviction under section 354, P.P.C. Is maintained, his sentence is reduced from one year's R.I. To six months' R.I. The revision petition is accepted only to this extent. S.A./M-1567/L