MUHAMMAD AMEER Versus ADDITIONAL SETTLEMENT COMMISSIONER; LAHORE DIVISION, LAHORE

The brief facts leading to the present criminal revision petition are that Mst. Nasreen P.W. got a case registered vide F.I.R. No.286 on 12-10-1989 at Police Station Gogara, under section 354, P.P.C. to the effect that 5/6 days before the said date while she was going out to answer the nature's call at about 9.00 p.m., the petitioner, Muhammad Ameer, known to her, had caught her by her arm and had started kissing her; and that on her raising alarm and scolding the petitioner, her father Waryam and Dost Muhammad were attracted to the spot; and that on seeing them the petitioner had taken to his heels.

2. The learned trial Court after appraising the evidence of the prosecution produced through Mst. Nasreen P.W. 1 Waryam P.W.2, Sikandar Hayat P.W.3, and discarding the testimony of Muhammad Iqbal D.W.1 and Ghulam Ali D.W.2, had convicted the petitioner under section 354, P.P.C. and sentenced him to R.I. for one year. The appeal preferred against the said judgment was dismissed by the learned Additional Sessions Judge, Okara, vide his judgment dated 29-11-1992. Hence, the present criminal revision petition.

3. The learned counsel for the petitioner at the very outset submitted that he shall not challenge the conviction of the petitioner, but shall only contend for the reduction of the sentence awarded to him. In this respect, further submitted that the petitioner had suffered some imprisonment during his trial and had been in jail ever since the dismissal of his appeal on 29-11-1992. Therefore, argued that the petitioner has already suffered almost three months of substantive imprisonment. Further submitted that the petitioner was a young lad; and that he is neither a previous convict nor a hardened criminal. Further submitted that the petitioner had already suffered the agony of trial and punishment for the last more than three years .

4. After having heard the learned counsel for the petitioner and the State, it is deemed appropriate that it shall meet with the ends of justice, if while dismissing the present criminal revision petition, the sentence awarded against the petitioner is reduced to the period already undergone by him, in view of the facts and circumstances highlighted above.

5. In view of what has been stated above, the present criminal revision petition is hereby dismissed, but the sentence awarded to the petitioner is hereby reduced to the period already undergone by him. The petitioner shall be released forthwith, if not required to be detained in any other case.

N.H.Q./M-887/L Sentence reduced.