JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Appeal.No.D-02 of 2022.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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Before:

Mr. Justice Irshad Ali Shah,

 Mr. Justice Agha Faisal,

For hearing of main case.

08.02.2022

                        Mr. Shahbaz Ali Brohi, Advocate for the appellant.

Mr. Ali Anwar Kandhro, Addl.P.G for the State.

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IRSHAD ALI SHAH, J;- The appellant  was found to be in possession of an unlicensed T.T Pistol with magazine, which he allegedly used for causing butt blow to PC Nadeem Ahmed during course of an armed encounter with the police. On trial, he was convicted under section 23 (i) (a) of Sindh Arms Act, 2013, and sentenced to undergo R.I for 10 years with fine of rupees thirty thousand and in default whereof, to undergo S.I for six months, with benefit of Section 382-B Cr.PC, by learned Incharge Judge, Anti Terrorism Court, Shikarpur, vide judgment dated 17.12.2020, which is impugned by the appellant before this Court by preferring the instant criminal appeal.

2.        At the very outset, it is contended by learned counsel for the appellant that the appellant has already been acquitted in appeal in main police encounter case and under instructions, he would not press disposal of instant criminal appeal on merits, provided the conviction and sentence awarded to the appellant are reduced to one which he has already undergone.

3.        Learned Addl.P.G for the State has recorded no objection to said proposition.

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

5.        Admittedly, the appellant has already been acquitted in main police encounter case; there is no independent witness to the incident and he is young man of 30 years, therefore he is to be dealt with leniently. By not pressing his appeal on merits, he has shown his genuine remorse and per jail roll, he has already undergone 01 years 06 months and 17 days of the substantial sentence and besides this, has also earned remission of 03 months and 16 days, therefore, the conviction and sentence awarded to the appellant for offence punishable u/s.23 (i) (a) of Sindh Arms Act, 2013, are modified with one which he has already undergone, which includes imprisonment on account of his failure to make payment of fine.

7.        The instant Criminal Appeal is disposed of accordingly. 

   JUDGE

                                                             JUDGE