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Petitioner: MUHAMMAD RIZWAN VS Respondent: StateHonorable Justice Khawaja Naveed AhmedRaza Hashmi
2008 Y L R 2444
2008 Y L R 2444
[Karachi]
Before Khawaja Naveed Ahmed, J
MUHAMMAD RIZWAN---Petitioner
Versus
THE STATE---Respondent
Criminal Revision No.113 of 2006, decided on 22nd January, 2008.
West Pakistan Arms Ordinance (XX of 1965)---
----S. 13(d)-Sentence, reduction in---Accused, who was a young boy had stated that he was working as motorcycle mechanic and knew his job very well---Father of accused was an old man---Sending people to jail was basically not to punish them, but to reform them---In the present case, accused had served four months sentence in jail and had been fined Rs.10,000---If somebody could learn lesson with the punishment of four months, it was not necessary that he should continue to remain in jail for two years---Accused who was a young boy, keeping him in jail for a longer period, would adversely affect his outlook in his future life---Sentence of accused was reduced from two years to the one already undergone by him---Petition was dismissed with said modification.
Raza Hashmi for Petitioner.
Fazalur Rehman Awan for the State.
ORDER
KHAWAJA NAVEED AHMED, J.-.---Applicant Muhammad Rizwan was booked in case F.I.R. No.88 of 2003 of Police Station Nabi Bux, Saddar Town, Karachi, under section 13-D of Arms Ordinance for possessing illegal arm, namely, pistol. The learned Magistrate had convicted hint to undergo R.I. for two years and to pay fine of Rs.10,000 in default to undergo R.I. for two months more. Benefit of section 382-B was also given. An Appeal was filed by the appellant in the Court of Sessions Judge, Karachi South, which was transferred to learned VII Additional District and Sessions Judge, Karachi South who had upheld the order of the Magistrate vide judgment dated 29-8-2006.
Mr. Raza Hashmi states that both the Courts below have misread the evidence and have not appreciated the evidence as the pistol recovered from the appellant was not in serviceable condition and has not been to Ballistic Export for his opinion. Mr. Fazalur Rehman Awan, learned State counsel states that these grounds cannot be agitated at this stage as it was for the Advocate for the applicant to raise such pleas before the trial Court and should have made an application before the trial Court for sending the weapon to Ballistic Expert for opinion which has not been done at the proper stage and such arguments are of no benefit to the applicant.
The applicant is present along with his father. He is a young boy and states that now he is working as motorcycle mechanic in Ranchore Lines, Karachi,' and knows his job very well. His father is also present who is an old man. Sending people to jail is basically not to punish them but to reform them. In the present case, the applicant has served four months sentence in jail and has been fined of Rs.10,000. In my view, if somebody can learn lesson with the punishment of four months it is not necessary that he should continue to remain in jail for two years. The applicant is a young boy and keeping him in jail for a longer period will adversely affect his outlook in his future life. I hereby reduce the sentence of applicant from two years to the one already undergone and order him to pay fine of Rs.10,000 within three days and submit receipt before Nazir of this Court.
The Criminal Revision Application is dismissed with the above modification in the sentence.
H.B.T. /M-102/K Petition dismissed.