449-23 Ismail

In the Court of Mr. MUHAMMAD ASHIQ, Sessions Judge Khushab.
Sessions Case No. 118 of 2023

Sessions Trial No. 97 of 2023
The State Vs. Muhammad Ismail
Case FIR No. 449/23 dated 13.09.2023.
Offence under Sec. 462-I PPC.
Police Station: Khushab.
CHARGE SHEET
I, Muhammad Ashiq, Sessions Judge Khushab do hereby
charge you present accused:
Muhammad Ismail s/o Muhammad Ibraheem, 22/23 years, Baloch,
labourer, resident of Ghagh presently residing at Mohallah Khizarabad
Tehsil & District Khushab as under:
that on 13.09.2023 at 10:00 am. in the area of Dera Ibraheem
Ghagh Khushab within territorial jurisdiction of PS. Khushab, Checking-
team inspected the Electricity Connection Reference No. 14-13442-
0741111 of Muhammad Hameed s/o Muhammad Khan which was in your
use and you were found stealing electricity by attaching two additional
wires with main PVC of WAPDA, thereby you have committed an offence
punishable under Sec. 462-I of PPC.
And, I hereby direct you the present accused to be tried by this
court for the said charge which is within the cognizance of this Court.
Announced: Muhammad Ashiq,

04.12.2023. Sessions Judge, Khushab.
Certified that said charge has been read over and explained to the
accused in his own language.
Dated: Muhammad Ashiq,
STATEMENT OF ACCUSED MUHAMMAD ISMAIL S/O MUHAMMAD

IBRAHEEM, 22/23 YEARS, BALOCH, LABOURER, RESIDENT OF GHAGH
PRESENTLY RESIDING AT MOHALLAH KHIZARABAD TEHSIL & DISTRICT
KHUSHAB (WITHOUT OATH):
Q-1. Have you heard and understood the charge?

Ans. Yes.
Q-2. Do you plead guilty to the charge?
Ans. Yes, I plead guilty.
RO & AC: Muhammad Ashiq,

Case FIR No. 449/23 dated 13.09.2023.
ORDER SHEET
ORDER: 04.12.2023 (09:30 a.m.)
Present: Accused Muhammad Ismail on bail.
Malik Pervaiz Iqbal DPP for the State.
From the perusal of contents of Report under Sec. 173 CrPC, copy
of FIR, Statements under Sec. 161 CrPC and other documents, there is
sufficient evidence available against accused to proceed with the trial
against him. Let the charge is farmed against him.
Charge has been framed against accused in his own language who
has pleaded guilty. He has been told that he is not bound to make any
confessional statement and to plead guilty and in case of pleading guilty
or making any confessional statement, the same can be used as evidence
against him. One hour time is given to the accused for thinking over, in
this respect. File is kept in wait and will be taken up at 10:30 a.m. today.

Present: Accused on bail.

Learned DPP for the State.
Accused has been asked why he is going to plead guilty or wants to

make confessional statement as to whether any coercion has been
exerted upon him or there are any peculiar circumstances which have
induced him to make confessional statement. He has replied that he
intends to plead guilty and intends to make confessional statement
without any coercion, duress or inducement. Let his statement is
recorded.
KHUSHAB. WITHOUT OATH:
Q-1. Do you know where you are standing?

Ans. Yes. I am present before the court, where I am facing trial in a
criminal case relating to theft of electricity.
Q-2. Do you know that you are not bound to make any confessional
statement or to plead guilty and if you will make any such
statement that will be read as piece of evidence against you?
Ans. Yes.
-2-
...
Q-3. Do you know that you are not bound to make any such statement
under the law?
Ans. Yes, I know it.
Q-4. Do you have any coercion or duress for making of confessional
statement?
Ans. No.
Q-5. What do you want to say?
Ans. I am ashamed and feel contrition for the said act. I may be
pardoned. I am repenting and remorsing on the act committed by
me. I ensure that I shall not repeat the such offence. I may kindly
be pardoned while taking a lenient view and may kindly be sent on
probation for my reformation and rehabilitation. I ensure this court
that I will become a good citizen while mending myself, in future. I
surrender myself on the mercy of this court.


This court is of the view that the accused intends to make

confessional statement with his free consent, therefore, the statement of
accused is now being recorded.


KHUSHAB. (WITHOUT OATH):
Q-1. That on 13.09.2023 at 10:00 am. in the area of Dera Ibraheem

Ghagh Khushab within territorial jurisdiction of PS. Khushab,
Checking-team inspected the Electricity Connection Reference No.
14-13442-0741111 of Muhammad Hameed s/o Muhammad Khan
which was in your use and you were found stealing electricity by
attaching two additional wires with main PVC of WAPDA. What do
you say about it?
Ans. It is correct.
Q-2. Do you want to say anything else?
Ans. I am ashamed and feel contrition for the said act. I belong to a
very poor family. I am facing a lot of financial problems and unable
to fulfill requirements of my family. I am repenting and remorsing
on the act committed by me. I ensure that I will not repeat the
such offence. I may kindly be pardoned while taking a lenient view
and may kindly be sent on probation for my reformation and
rehabilitation. I ensure this court that I will become a good citizen
while mending myself, in future. I surrender myself on the mercy
of this court.

-3-
The State Vs.
Muhammad Ismail
...
As the accused has made confessional statement, therefore, he is
warned as to whether he has made his confessional statement due to any
coercion, duress or any pressure as his confessional statement may be
read as a piece of evidence and he may be awarded a sentence under the
law who has replied that he has made his statement with his free will and
free consent.

It is certified that the above confessional statement has been

voluntarily made by above said accused, to whom it was warned that he
was not bound to make any such confessional statement or to make
pleading guilty statement and if does so, the same may be taken as piece
of evidence against him and this Court believes that the above said
confessional statement has been voluntarily made by him which was
taken in my presence and hearing and was read over to said accused and
it contains a full and true account of the statement made by him.

ORDER: 04.12.2023.
Mr. Khalid Mahmood Asim, Probation Officer Khushab in person.
Vide my separate detailed judgment of even date, accused

Muhammad Ismail has been convicted under Sec. 462-I PPC and is hereby
sent on probation for a period of one year. The Probation Officer Khushab
namely Khalid Mahmood Asim is present in the court and the convict
Muhammad Ismail is handed over to him and convict Muhammad Ismail is
directed to submit Surety Bond of Rs. 100000/- with one surety in the like
amount for his appearance before the Probation Officer Khushab on each
and every date and for not committing any offence, for a period of one
year. The convict is hereby directed to comply with the conditions of Bond
submitted to the Probation Officer and in case of violation of the
conditions of Bond or in case of repetition of the offence, the convict will
be dealt strictly as per law. Case property be confiscated in accordance
with law, after decision/period of appeal or revision, if any. Be consigned.

Case FIR No. 449/23 dated 13.09.2023.
JUDGMENT:
Accused has made the confessional statement with his free will and
consent without any duress or inducement and pleaded himself guilty so, the
offence of stealing the electricity has been proved against him hence, he is
convicted under Sec. 462-I of PPC.
According to the convict, he is poor person; he is first offender; he,
being ashamed feels contrition for the said act. He has requested for pardon
and ensures that he will not repeat such offence while showing his
repentance. In this situation, this Court is of the humble view that it is the
poverty due to which he has indulged himself in the criminal activity. He has
surrendered himself on mercy of the court and stated that he will mend his
ways and become a good citizen. He has requested to send him on probation
so that he could be reformed and rehabilitated. Record reveals that he is not
previous convict as nothing is on the file to show his previous conviction. To
become a good citizen, a lenient view is taken against the convict as he wants
his reformation and rehabilitation, hence in view of the Provisions of “The
Probation of Offenders Ordinance 1960”, an opportunity is granted to the
convict to become a good citizen, as the convict himself has stated that he
wants to mend his ways and as per record, he is not a previous convict
hence, instead of sending convict to jail, is hereby sent on probation for a
period of one year. The Probation Officer Khushab namely Khalid Mahmood
Asim is present in the court and the convict Muhammad Ismail is handed over
to him and convict Muhammad Ismail is directed to submit Surety Bond of Rs.
100000/- with one surety in the like amount for his appearance before the
Probation Officer Khushab on each and every date and for not committing any
offence, for a period of one year. The convict is hereby directed to comply
with the conditions of Bond submitted to the Probation Officer and in case of
violation of the conditions of Bond or in case of repetition of the offence, the
convict will be dealt strictly as per law. Case property be confiscated in
accordance with law, after decision/period of appeal or revision, if any. Be
consigned.

Certified that this judgment has been typed on my dictation, it has

been read, corrected and signed by me.
04.12.2023. Muhammad Ashiq,

Sessions Judge, Khushab.

449-23 Ismail

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In the Court of Mr. MUHAMMAD ASHIQ, Sessions Judge Khushab.

Sessions Case No. 118 of 2023

Announced: Muhammad Ashiq,

STATEMENT OF ACCUSED MUHAMMAD ISMAIL S/O MUHAMMAD

Q-1. Have you heard and understood the charge?

RO & AC: Muhammad Ashiq,

Announced: Muhammad Ashiq,

Present: Accused on bail.

Accused has been asked why he is going to plead guilty or wants to

Q-1. Do you know where you are standing?

RO & AC: Muhammad Ashiq,

Present: Accused on bail.

This court is of the view that the accused intends to make

Announced: Muhammad Ashiq,

STATEMENT OF ACCUSED MUHAMMAD ISMAIL S/O MUHAMMAD

Q-1. That on 13.09.2023 at 10:00 am. in the area of Dera Ibraheem

RO & AC: Muhammad Ashiq,

Announced: Muhammad Ashiq,

It is certified that the above confessional statement has been

Announced: Muhammad Ashiq,

Vide my separate detailed judgment of even date, accused

Announced: Muhammad Ashiq,

Announced: Muhammad Ashiq,

Certified that this judgment has been typed on my dictation, it has

04.12.2023. Muhammad Ashiq,

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