Reliable evidence sustained Abkari conviction, but mitigating factors led to reduction of custodial sentence.

Reliable prosecution evidence that withstands cross-examination justified interference with neither the conviction under the Abkari Act nor the findings on guilt, so the conviction was sustained. However, sentencing was moderated because of the long lapse of time since the incident, the appellant's age, and the absence of criminal antecedents, which were treated as mitigating factors. The custodial sentence was reduced to simple imprisonment for one year under Section 55(g), while the fine was maintained and the default sentence was altered accordingly.

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Issues: (i) whether the appellant's conviction under Sections 8(1), 8(2) and 55(g) of the Abkari Act was liable to be interfered with; (ii) whether the sentence required reduction on account of mitigating circumstances.

Issue (i): Whether the appellant's conviction under Sections 8(1), 8(2) and 55(g) of the Abkari Act was liable to be interfered with.

Analysis: The evidence of the material witnesses remained unshaken in cross-examination and there was no basis to depart from the view taken by the High Court on the question of guilt. The findings recorded below were sustained on the evidence adduced in the case.

Conclusion: The conviction was upheld.

Issue (ii): Whether the sentence required reduction on account of mitigating circumstances.

Analysis: The long lapse of time since the incident, the absence of criminal antecedents, and the age of the appellant were treated as relevant mitigating factors. On that basis, the sentence was moderated while maintaining the conviction and the fine.

Conclusion: The custodial sentence was reduced to simple imprisonment for one year under Section 55(g) of the Abkari Act, with the fine maintained and default sentence altered accordingly.

Final Conclusion: The conviction remained intact, but the punishment was substantially reduced in view of the mitigating circumstances, and the appeal was disposed of on that basis.

Ratio Decidendi: Where the prosecution evidence is reliable and withstands cross-examination, appellate interference with conviction is unwarranted, but sentencing may be reduced by taking into account delay, age, and absence of antecedents as mitigating factors.

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