IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Jail Appeal No. 499 of 2020

Appellant: Muhammad Maqsood through Mr. Habib-ur-Rehman advocate

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

Date of hearing: 14.11.2022

Date of judgment: 14.11.2022

J U D G M E N T

IRSHAD ALI SHAH, J- It is alleged that the appellant allegedly committed rape with Mst. Sumaira, his own daughter, for that he was booked and reported upon by the police. On conclusion of trial, he was convicted under Section 376 PPC and was sentenced to undergo imprisonment for life and to pay fine of Rs.100,000/- and in default whereof to undergo simple imprisonment for 03 months with benefit of section 382(b) Cr.P.C by learned II-Additional Sessions Judge, Karachi Central vide judgment dated 29.09.2020, which is impugned by the appellant before this Court by preferring the instant jail appeal.

2. At the very outset, it is stated by learned counsel for the appellant that including remission, the appellant has already served out more than 11 years of the sentence and he would not press the disposal of instant jail appeal on merits, if sentence awarded to the appellant is reduced to one which has already undergone, which is not opposed by learned Addl. P.G for the State.

4. Heard arguments and perused the record.

5. FIR has not been lodged by the complainant soon after the incident; such omission on her part could not be overlooked. No DNA report is brought on record to strengthen the allegation of rape against the appellant. The appellant is said to be the sole bread earner of his family and has already undergone sufficient punishment with chance of reformation. By considering all these factors as mitigating circumstances, the imprisonment for life awarded to the appellant is reduced to rigorous imprisonment for 11 years with fine of Rs.100,000/- and in default whereof to undergo simple imprisonment for 03 months with benefit of section 382(b) Cr.P.C.

6. Subject to above modification, the instant jail is disposed of accordingly.

JUDGE