IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Appeal No. 137 of 2022

Appellant: Hamza through Mr. Iqbal Shah advocate

Respondent: The State through Ms. Rubina Qadir, Deputy Prosecutor General Sindh

Date of hearing: 08.11.2022

Date of Judgment: 08.11.2022

J U D G M E N T

IRSHAD ALI SHAH, J.- It is alleged that the appellant with one more culprit, robbed complainant Shahid Islam of his two cell phones, Rs.2000/- and copy of his CNIC, he was apprehended at the spot after maltreatment and from him was secured the robbed property and the pistol which he was having at the time of incident, for that the present case was registered. On conclusion of trial, the appellant was convicted u/s 397 PPC and sentenced to undergo rigorous imprisonment for 07 years with benefit of Section 382(b) Cr.P.C by learned Additional Sessions Judge-XII, Karachi East, vide judgment dated 03.02.2022,which is impugned by the appellant before this Court by preferring the instant appeal.

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 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 DPG for the state.

3. Heard arguments and perused the record.

4. Admittedly, the pistol which the appellant was having at the time of incident was not used by him; therefore, the punishment awarded to the appellant under Section 397 PPC is misplaced, it is modified with Section 392 PPC, consequently, the appellant for the said penal section is sentenced to undergo rigorous imprisonment for 03 years and to pay fine of Rs.10,000/- and in default whereof to undergo simple imprisonment for 10 days with benefit of section 382(b) Cr.P.C.

5. Subject to above modification, the instant appeal is disposed of accordingly.

JUDGE