MUHAMMAD NAEEM Versus THE STATE

RAJA AFRASIAB KHAN, J.- -- The appellant, Muhammad Naeem alias Chinia was convicted and sentenced to suffer R.I. for five years plus a fine of Rs.20,000 or in default thereof to suffer further six months' R.1, under section 13 of the Arms Ordinance, 1965, by Ch. Zahoor Hussain, learned Judge Special Court (Suppression of Terrorists Activities), Gujranwala Division, Gujranwala, on 26-8-1992, for keeping an unlicensed gun P.1.

2. Shortly mentioned the facts are that Rashid Mahmood Sindhu, Inspector/S.H.O. Police Station Hajipura alongwith other police officials was conducting the investigation of case F.I.R. No.268/91. The appellant was found present in the graveyard on 7-7-1991 at about 8-15 a.m. He was holding a loaded sten gun. He was accordingly arrested and the weapon was taken into possession alongwith ten bullets vide memo. Exh.P.A.

3. The prosecution was able to produce Muhammad Hanif Naeem, Fire Arms Expert (P.W.1), Junaid Mohsin, A.S.I. (P.W.2) and Rashid Mehmood Sindhu, Inspector/S.H.O. (P.W.3). The appellant denied the allegations levelled against him in his statement under section 342, Cr.P.C. and took the plea that he had been implicated in the case on account of enmity. In support of his defence plea, the appellant produced Junaid Mohsin, A.S.I. (D.W.1).

4. At the very outset, Ch. Ghulam Hussain, learned counsel states that he will not challenge the conviction in case lenient view is taken in the award of sentence to the appellant. Even otherwise, the prosecution succeeded to prove its case against the appellant on the basis of trustworthy and confidence inspiring evidence. The appellant has immensely suffered during his lengthy trial. It is brought to our notice that the appellant had continuously been in jail since 7-7-1991 and that he was not released on bail during his trial. We are, therefore, inclined to agree with the learned counsel for reducing the sentence A of the appellant in the given circumstances. This being so, while upholding the conviction of the appellant, his sentence is hereby reduced from five to three years' R.I. Similarly, the amount of fine shall also be reduced from Rs.20,000 to Rs.10,000. In case of non-payment of fine, the appellant shall have to undergo six months' further R.I. Benefit of section 382-B, Cr.P.C. shall be extended to him. With this modification in the sentence of the appellant, there is no substance in his appeal which is hereby dismissed.

N.H.Q./M-1327/L Sentence reduced.