Law: Penal Code (XLV of 1860)

Section: 411

Probation of Offenders Ordinance (XLV of 19611), S. 5----Price of stolen article only Rs.99-Petitioner a young man and not a previous convict-Release of petitioner on probation held, proper in circumstances of case Penal Code (XLV of 1860), S. 411. Date of hearing: 4th July 1972.                                                                                                                                   JUDGMENT Muhammad Hanif son of Muhammad Ismail was tried by Malik Ghulam Mustafa, Resident Magistrate, Dipalpur, for an offence under section 411, P. P. C. with regard to stolen cloth worth Rs. 99. He was found guilty and sentenced by the learned Magistrate to one year's R. I. by his order dated 24-2-1972. He filed an appeal before the learned Sessions Judge, Sahiwal, who by his order dated E-6-1972 dismissed the appeal but reduced the sentence to 9 months' R. 1. The petitioner has now come up in revision against the said order. 2. The only contention put forward by the learned counsel for the petitioner is that in view of the fact that the price of the stolen cloth is only Rs. 99 and the petitioner, who is a young man, is not a previous convict, it would be appropriate to release him on probation under section 5 of the Probation of Offenders Ordinance XLV of 1960 rather the- by keeping him in the company of other harden criminals. He submitted that as the petitioner is a first offender, corrective rather than punitive approach is necessary in his case. In support of this contention he relied on Khalid Latif v. The State (1971 P Cr. L J 313). In that case also the accused was a young man and been…