Dealing with criminal revision in hand the only point in issue to be resolved is that whether the sentence of fine imposed against the petitioner can be reduced in consideration of the circumstances weighed by the learned appellate court while reducing the quantum of sentence of imprisonment imposed.
For convenience initial text of Clause (b) of sub section (5) of Section 6 of Muslim Family Laws Ordinance, 1961 is reproduced as under: Section 6(5)(b) –
“On conviction upon complaint be punishable with simple imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both.”
While the aforesaid clause has been substituted later on by Punjab Muslim Family Laws (amendment) Act, 2015 (Act No.XIII of 2015) which reads as under:
Section 6(5)(b) – “On conviction upon complaint be punishable with the simple imprisonment which may extend to one year and with fine of five hundred thousand rupees.”
The legislature through the above reproduced substitution of sub clause (b) sub section (5) of Section 6 of the Muslim Family Laws Ordinance, 1961 has withdrawn the discretion of Court with regard to quantum of fine to be imposed and imposition of fine itself which very clearly transpires intention of the legislature.
Crl. Revision No.72278 of 2019
Anwar Hussain Versus The State, etc.
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