Case Details

Citation(s)
1981 SLG 3262 = 1981 SLD 3262 = 1981 PCRLJ 1010
Lahore High Court
Criminal Revision No. 94 of 1981, decided on 16th June, 1981.
Presented By: Rustam S. Sidhwa, J
Syed Faiyaz Hussain Qadri for Petitioner (on 7-6-81 only). Syed Mahmood Al-Nasir for
Respondent (on 7-6-81 only).

LAHORE MUNICIPAL CORPORATION, LAHORE-Petitioner

VERSUS

SHAUKAT--Respondent

Law: Criminal Procedure Code (V of 1898)

Section: 439

Law: Offence of Zina (Enforcement of Hudood) Ordinance, 1979

Section: 161, 162

Law: Punjab Local Government Ordinance, 1979

Section: 162(1)

(a) Criminal Procedure Code (V of 1898)  S. 439 read with Punjab Local Government Ordinance (VI of 1979), Ss. 161 & 162, Sched. III, Part I, Item No. 3 Revision (criminal)----Sentence, validity of---Trial Magistrate expLalning charge, clearly to accused, for keeping cattle within prohibited Zone in violation of law and recording questions and answers in manner as required under law-Accused, held, having sufficient notice of offence and sentence falling under S. 162 (1) of Ordinance-- Accused pleading guilty to charge and further declining to produce any evidence in defence-Accused, held further, properly convicted by trial Court-Order of Appellate Court altering sentence of accused under S. 162 (1) into one under S. 162 (2) of Ordinance declared illegal and set aside, in circumstances.----[Sentence]. (b) Punjab Local Government Ordinance (VI of 1979)  S. 162 (1)-Sentence-Mitigation-Accused charged for keeping cattle within prohibited Zone of L Municipal Corporation in violation of law and sentenced to fine only although liable to be sentenced to undergo certain term of imprisonment-At time of commission of offence L, however, declared to be a calamity stricken area-Sentence of fine only maintained, in circumstance. [Sentence]. Dates of hearing: 7th and 14th June 1981.                                                                                                                                 JUDGMENT This order will dispose of Criminal Revision Petitions Nos. 94/81, 95/81, 96/81, 97/81, 98/81, 99/81, 100/81, 101/81, 102/81, 103/81, 104/81. 105/81, 106/81, 107/81, 108/81, 109/81, 11281, 113181 and 114/81. All these petitions have been filed by the' Lahore Municipal Corporation against the consolidated judgment of Mr. Ali Nawaz Chuhan. Additional Sessions Judge, Lahore dated .15th October 1980 accepting the appeals of the…
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