IN THE HIGH COURT OF SINDH, KARACHI
Criminal Revision Application No. 66 of 2017
Abdul Basit……………………..…………………..……………….….Applicant
Versus
The State…………..…………………………..…………………....Respondent
Date of Hearing & Order :- 06.12.2017
None
present for applicant
Mr. Muntazir Mehdi, DPG for the State
O R D E R
FAHIM AHMED SIDDIQUI, J: Instant criminal revision application is directed
against the impugned judgment dated 18.02.2017 passed by learned Sessions Judge,
Karachi West, whereby Criminal Appeal No.03 of 2017 filed by the applicant was
dismissed.
2. The
case against the applicant is that he took a boy Yasir
Khan with him at a house where he committed unnatural act with said boy.
3. As
per jail roll available on record, the applicant has already undergone RI for
about 02 years and 10 months out of total RI for 03 years, as such, there remains only RI for 08 months.
4. Learned
DPG submits that although the sentence awarded to the applicant by learned
trial Court is correct, however, he concedes that the sentence which the
applicant has served out, is sufficient for his guilt.
5. I
have also gone through the available record. In the instant case, the applicant
has been convicted and awarded sentence of RI for 03 years as well as fine of
Rs.30,000/-, to be paid to the victim and in default whereof he has to serve SI
for 06 month more. As per report of Jail Superintendent, the applicant has
served 02 years and 10 months. It appears that the witnesses are firm and there
was no major contradiction in their instance taken before learned trial court.
However, I consider that quantum of sentence is excessive. Therefore, while
dismissing the instant revision application, I reduce the sentence as already undergone
including the sentence in lieu of fine. The applicant is in jail. The Superintndent Prison concerned is directed to release the applicant
abovenmed forthwith if he is not required in any
other custody case.
J
U D G E