MUHAMMAD AKRAM Versus THE STATE Abdul Baqi , Syed Zulfiqar Haider

ORDER

The facts giving rise to this revision, briefly, are that Muhammad Akram petitioner was tried under section 379/411, P.P.C. The learned trial Court convicted him on 16‑9‑1987 and sentenced to two years' R.I. on each count with the direction that the sentences shall run concurrently. On appeal, the learned Additional Sessions Judge while setting aside the conviction and sentence under section 379, P.P.C. maintained the conviction and sentence awarded by the trial Court under section 411, P.P.C., hence this revision.

2. On 28‑7‑1987 the revision was admitted on question of sentence only.

3. Learned counsel for the petitioner submits that the petitioner is not a previous convict and, in the circumstances of the case, the sentence awarded to him by the trial Court is excessive and harsh. Learned counsel for the State has opposed this revision.

4. I have considered the submissions made by the learned counsels for the parties with care. I find that the petitioner is not a previous convict; that the allegations against him are that he was found in possession of stolen currency notes valuing Rs.400 and a purse of Muhammad Fazil, complainant and that the sentence in the circumstances of the case seems to be excessive. I feel that the sentence of one year's R.I. would meet the case. The sentence of two years R.I. is therefore reduced to one year's R.I. Disposed of accordingly.

S.A.‑/M‑713/L Sentence reduced.