IN THE HIGH COURT OF SINDH, AT KARACHI
Criminal Appeal No. 403 of 2021
Appellant: Arsalan
through Mr. Riaz Akhtar Soomro advocate
The State: Through
Mr. Siraj Ali Chandio, Additional Prosecutor General Sindh
Date of hearing: 04.11.2022
Date of judgment: 04.11.2022
J U D G M E N T
IRSHAD ALI SHAH, J- It is alleged that on arrest from the
appellant was secured unlicensed pistol of 30 bore with magazine containing 03
bullets of same bore which he allegedly used while committing robbery against
P.W Muhammad Asif, for that he was booked and reported upon. On conclusion of
trial, he was convicted under Section 23(1)(a) of Sindh Arms Act, 2013 and sentenced
to undergo rigorous imprisonment for 06 years with fine of Rs.20,000/- and in
default whereof to undergo simple imprisonment for 03 month with benefit of
section 382(b) Cr.P.C by learned Xth-Additional Sessions Judge, Karachi South vide
judgment dated 30.04.2021, which is impugned by the appellant before this Court
by preferring the instant appeal.
2. At the very outset, it is stated by the
learned counsel for the appellant that 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 appellant is a young man of
32 years of age and said to be sole bread earner of his family and there is
likelihood of his reformation, therefore, by taking all these factors into
consideration, the sentence awarded to the appellant for the above said offence
is reduced to rigorous imprisonment for 02 years with fine of Rs.5,000/- and in
default whereof to undergo simple imprisonment for 10 days with benefit of
section 382(b) Cr.P.C.
4. Subject to above modification, the
instant appeal fails and is dismissed accordingly.
JUDGE