IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Jail Appeal No. 78 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 P.W Nasarullah, during course of such robbery, he was apprehended at the spot after maltreatment and from him was secured unlicensed mouser without magazine by police party of P.S Manghopir led by ASI Muhammad Arshad Abbasi, for that he was booked and reported upon. On conclusion of trial, he was convicted under Section 25 of Sindh Arms Act, 2013 and sentenced to undergo rigorous imprisonment for 07 years with fine of Rs.5000/- and in default whereof to undergo simple imprisonment for 01 month 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 weapon was not used by the appellant in commission of incident and it was without magazine, therefore, he would not press disposal of the instant appeal on merits, provided the sentence awarded to the appellant is reduced to one which he has already undergone, which is not opposed by learned Addl. PG for the State.

3. Admittedly, the weapon allegedly secured from the appellant was not used by the appellant at the time of alleged incident of robbery, it was without magazine, the appellant is said to be a young man of 33 years of age and sole bread earner of his family and there is likely hood of his reformation, therefore, by taking all these factors into consideration, the sentence awarded to the appellant for the said offence is reduced to rigorous imprisonment for 04 years with fine of Rs.5,000/- 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