MUHAMMAD AMIN Versus THE STATE
MIAN MUHAMMAD AJMAL, J.--- This petition for leave to appeal is directed against the judgment of the Lahore High Court, Lahore dated 10-12-2001, whereby Criminal Appeal No. 1271 of 2000 of the petitioner was dismissed and his sentence was reduced as under:--
"Keeping in view of the fact, as the appellant is an old man and he has already retired from his, service, a lenient view is taken, therefore, sentence of the appellant under section 167 read with section 5(2) of the Prevention of Corruption Act, 1947 is reduced from three years' R.I. to one year. R.I. However; sentence of fine is maintained. Sentence of the appellant under section 468, P.P.C. is also reduced from five years' R.I. to one year R.I. and sentence of fine is also reduced from Rs.10,000 to Rs.5,000. In default of payment of fine in both the sentences, he will have to undergo three months' S.-I. Both the sentences are ordered to run concurrently with the benefit of section 382-B, Cr.P.C."
2. Resume of the case is that the petitioner, a Patwari was prosecuted under sections 161/167/420/468/471, P.P.C. read with section 5(2) of the Prevention of Corruption Act, 1947 (hereinafter to be called the Act) in case F.I.R. No.2 dated 25-1-1994 Police Station Anti Corruption Establishment, Mianwali. registered on the complaint of the Deputy Commissioner, Mianwali, Allegation against him was that he while posted as Revenue Patwari Halqa Kundian, District Mianwali being a public servant misused his official position by issuing forged certificates to the fake ,persons who were not affectees of Chashma Atomic Research Centre, got allotted land in their favour and later on occupied such land and drew undue benefit from the same: He was sent to face trial under the above-mentioned sections before the Special Judge Anti-Corruption, Sargodha, who on conclusion of the trial convicted him under sections 167/468, P.P.C. read with section 5(2) of the Act vide his judgment dated 31-8-2000. Under section 167, P.P.C. read with section 5(2) of the Act, he was sentenced to three years' R.I. with fine of Rs.5,000 or in default thereof to undergo four months' S. I. Under section 468, P.P.C., he was sentenced to five years' R.I. plus fine of Rs.10,000 or in default thereof to undergo six months' S.I. Both the sentences were ordered to run concurrently. Benefit of section 382-B, Cr.P.C, was extended to him. The petitioner challenged his conviction arid sentence before the Lahore High Court, Lahore through Criminal Appeal No.1271 of 2000, which has been dismissed by a learned Single Judge in Chambers of the High Court vide his judgment dated 10-12-2001, with modifications in his sentences, as stated in para.1 above.
3. We have heard the learned counsel for the petitioner and have gone through the record of the case. The petitioner, a retired revenue Patwari Halqa Kundian, District Mianwali, was found guilty of misusing his official position by issuing forged certificates on the basis whereof allotments were made in favour of fake persons, Who were not affectees of Chashma Atomic Research Scheme and later on occupied the land so allotted to fake persons, as such gained undue benefits from the same. The prosecution proved the charges against him both by oral as well as documentary evidence and he was convicted and sentenced by the trial Court, however, the sentences were reduced by the learned high Court on compassionate grounds. He has already been shown leniency by the learned High Court and no ground for further interference in sentences could be made out. Consequently, this petition is dismissed and leave refused.
N.H.Q./M-552/S Leave refused