ILLAHI BUX vs THE STATE
This criminal appeal concerns a request for the reduction of a sentence imposed upon the appellant, who was convicted and sentenced to 14 years of rigorous imprisonment along with a fine. The appellant, through counsel, did not press the appeal on merits but sought leniency, arguing that he is a first-time offender, young, and burdened by family responsibilities. It was submitted that the appellant has shown remorse, penitence, and good conduct during incarceration, and that continued imprisonment would serve no useful purpose. The State counsel did not oppose the request for sentence reduction. Upon review of the jail roll, which confirmed the appellant's satisfactory conduct and the fact that he had already served a substantial portion of his sentence, the Court maintained the conviction but exercised its discretion to reduce the sentence. The Court held that where an appellant demonstrates genuine remorse and maintains good conduct in prison, leniency in sentencing is appropriate. Consequently, the Court reduced the substantive sentence to ten years of rigorous imprisonment and modified the fine, while maintaining the benefit of Section 382-B of the Code of Criminal Procedure 1898.
- Can an appellate court reduce a sentence based on the appellant's good conduct and remorse while maintaining the conviction?
- Is a first-time offender entitled to leniency in sentencing if the State does not oppose the reduction?
- Does the court have the authority to reduce a fine imposed by the trial court in a criminal appeal?
- Section 382-B, Code of Criminal Procedure 1898
1. ' The learned counsel for the appellant does not press this appeal and requests that the sentence awarded to the appellant be reduced from 14 years to the period already undergone and the fine may also be remitted, as he is unable to pay the fine. He submits that the appellant is a first offender, young man and having family responsibilities. He further submits that due to his detention in prison lie and his family have mentally and financially crippled. He has further submitted that the appellant has learnt lesson and regrets as he committed the offence in a mitigating circumstances. He has shown remorse and penitence. Consequently during his serving sentence he has improved the lot and realized his mistakes by committing such offence. He undertakes not to repeat such an offence in future. He wants to rehabilitate by leading a good life as a respectable citizen. He further submits that no purpose would be served to keep him in prison to serve out the remaining sentence, on the contrary it will be burdened on government exchequer.
2. He referred cases reported i.e, 1989 PCr.LJ 840, PLD 1977 Karachi 1049, 1993 PCr.LJ 490, 1991 PCr.LJ 886 and 1993 M LD 1823 and contends that in the said cases the sentence of the convicts in appeal was reduced in circumstances.
3. ' The learned counsel appearing on behalf of the State raised no objection and states that the sentence be reduced to already undergone and the fine be also remitted.
4. ' We have heard the learned counsel for the appellant as well as learned State counsel and perused the record and the case-law.
5. ' The jail roll submitted by the jail authorities shows that during his stay as U.T.P. And as convict prisoner, the conduct of the appellant is found satisfactory. Since Mr. Mukhtiar Ahmed, learned counsel appearing for the State has not controverted to this effect that the appellant is a first offender and shown his remorse and penitence and as per jail roll he has served out substantive sentence of ten years as per prison/jail roll, the appellant deserves leniency.
6. ' In view of the above; we dismiss this appeal as not pressed and conviction is maintained.
7. However, the substantive sentence awarded to him is reduced from 14 years to ten years' R.I. And also reduce the fine from Rs,500,000 to Rs,100,000 (Rupees one lac) and in default in payment of fine, he has to further undergo R.I. For one year instead of four years. He is also entitled for the benefit of section 382-B, Cr.P.C. Extended to him by the learned trial cour.
8. Sentence Reduced.