JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Appeal.No.S-69 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For hearing of main case.

03.01.2022

                        Mr. Faiz Muhammad Larik, Advocate for the appellant.

                        Mr. Ali Anwar Kandhro, Addl. Prosecutor General for the State.

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IRSHAD ALI SHAH, J.- It is alleged that on arrest from the appellant was recovered an unlicensed pistol of 30 bore with magazine containing five live bullets of same bore, which he allegedly was having at the time of encounter with police party of P.S City Jacobabad, for that he was booked and reported upon and after due trial was convicted and sentenced u/s.24 of Sindh Arms Act, 2013, to undergo imprisonment for 07 years with fine of Rs.50,000/- and in default whereof, to undergo simple imprisonment for six months, by learned 2^nd Assistant Sessions  Judge, Jacobabad, vide judgment dated 18.09.2021, which is impugned by the appellant before this Court by preferring the instant criminal appeal.

2.         At the very outset, it is stated by learned counsel for the appellant that though the weapon has been foisted upon the appellant yet under instructions, he is not pressing the disposal of instant criminal appeal on merits, provided, conviction/sentence awarded to the appellant is reduced to considerable extent.

3.         Learned Addl.P.G for the State promptly conceded to the above said proposition.

4.         I have considered the above arguments and have perused the record.

5.         It is case of the prosecution that on arrest from the appellant was secured an unlicensed pistol of 30 bore with magazine containing one live bullets of same bore, which he allegedly was having at time of encounter with police party of P.S, City Jacobabad, and to prove such allegation, the prosecution has examined complainant SIP Anwar Ali Brohi and his witnesses and on the basis of their evidence the appellant was convicted and sentenced, as is detailed above.

6.         Since, the appellant is not going to press the disposal of instant appeal on merits; therefore, he is to be dealt with leniently, for the reason that he is young man of 30 years of the age, therefore, the imprisonment of 07 years with fine awarded to him is reduced to rigorous imprisonment for one year with fine of rupees ten thousand and in default whereof, he would undergo simple imprisonment for one month, with benefit of section 382-B Cr.PC.

7.         The instant criminal appeal is disposed of accordingly. 

 JUDGE