IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Jail Appeal No. 77 of 2022

Appellant: Sher Ali through Mr. Qaim Ali Memon advocate

The State: Through Mr. Khadim Hussain, Additional Prosecutor General Sindh

Date of hearing: 31.10.2022

Date of judgment: 31.10.2022

J U D G M E N T

IRSHAD ALI SHAH, J- It is alleged that the appellant with one more culprit attempted to rob complainant Nasarullah, during course of such robbery he was apprehended at the spot and was maltreated, for that he was booked and reported upon. On conclusion of trial, he was convicted under Section 398 PPC and sentenced to undergo rigorous imprisonment for 07 years with benefit of section 382(b) Cr.P.C by learned Assistant Sessions Judge-XVII, Karachi West vide judgment dated 18.11.2021, which is impugned by the appellant before this Court by preferring the instant jail appeal.

2. At the very outset, it is stated by the learned counsel for the appellant that no weapon was used by the appellant in commission of the incident, therefore, the offence, if any at the most would fall under Section 393 PPC, therefore, he would not press the disposal of instant appeal on merits, provided the sentence awarded to the appellant is reduced to one which he has already undergone by modifying the penal section, which is not opposed by learned Addl. PG for the State.

3. Admittedly, no weapon was used by the appellant in commission of incident, as such, the offence, if any, would fall under Section 393 PPC, therefore, punishment awarded to the appellant for offence u/s 398 PPC is misplaced, thus, it is modified to one u/s 393 PPC, consequently, the appellant is convicted and sentenced to undergo rigorous imprisonment for 04 years with fine of Rs.10,000/- and in default whereof to undergo simple imprisonment for 15 days with benefit of section 382(b) Cr.P.C.

4. Subject to above modification, the instant jail appeal fails and is disposed of accordingly.

JUDGE