IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Appeal No. 404 of 2021

Appellant: Mujeeb-ur-Rehman through Mr. Riaz Akhtar Soomro advocate

The State: Through Mr. Sirja 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 23 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