IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Jail Appeal No. 31 of 2019

Appellant: Jahanzaib through Mr. Salahuddin Chandio advocate

The State: Through Mr. Faheem Hussain Panhwar, Deputy Prosecutor General Sindh

Date of hearing: 25.08.2022

Date of judgment: 25.08.2022

J U D G M E N T

IRSHAD ALI SHAH, J- It is alleged that the appellant kidnapped baby Mehak aged about 09 years for that he was booked and reported upon. After trial, he was convicted for an offence punishable under Section 363 PPC and was sentenced to undergo rigorous imprisonment for 07 years with fine of Rs.50,000/- and in default whereof to undergo imprisonment for 04 months with benefit of section 382-B Cr.P.C by learned VIII-Additional Sessions Judge, Karachi West, vide judgment dated 06.12.2018, which is impugned by the appellant before this Court by preferring the instant appeal from jail.

2. At the very outset, it is stated by learned counsel for the appellant that he would not press the disposal of instant appeal on merit, if the sentence awarded to the appellant is reduced to one which he has already undergone, which is not opposed seriously by learned DPG for the state.

3. Heard arguments and perused the record.

4. The FIR of the incident has been lodged with delay of about 01 day such delay having not been explained plausibly could not be overlooked; the appellant has not been provided a counsel at trial on state expenses to defend his case and by such omission he obviously has been denied right of fair trial, which is guaranteed under Article 10-A of the Constitution of Islamic Republic of Pakistan, 1973; neither the medical officer, who has medically examined baby Mehak nor the Magistrate, who has recorded her 164 Cr.P.C statement has been examined by the prosecution; by such omission, the appellant was prejudiced in his defence seriously; these facts collectively call for a lenient action against the appellant, who is said to be in custody since 2017.

5. In view of above the sentence awarded to the appellant is reduced to rigorous imprisonment for 02 years with fine of Rs.15,000/- and in default whereof to undergo simple imprisonment for 10 days with benefit of section 382-B Cr.P.C.

6. Subject to above modification, the instant appeal is dismissed.

JUDGE