IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Jail Appeal No. 347 of 2022

Appellant: Nemo for Iftikhar

The State: Through Mr. Faheem Hussain Panhwar, Deputy Prosecutor General Sindh

Date of hearing: 16.11.2022

Date of judgment: 16.11.2022

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 live bullets of same bore by police party of P.S Surjani Town, Karachi, 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 was sentenced to undergo imprisonment for 05 years and to pay fine of Rs.10,000/- and in default whereof to undergo simple imprisonment for 06 months with benefit of section 382(b) Cr.P.C by learned VI-Additional Sessions Judge, Karachi West, vide judgment dated 31.01.2022, which is impugned by the appellant before this Court by preferring the instant appeal from jail.

2. As per jail roll furnished by the Jail Authorities, the appellant has already been released from jail on completion of his jail term and probably this appears to be a reason with him to have neglected the instant Criminal Jail Appeal; the same could not be kept pending on file of this Court indefinitely for want of his appearance, therefore, it is being disposed of on merits by providing chance of hearing to learned D.P.G for the State, who has supported the impugned judgment.

3. It was stated by complainant SIP Deedar Hussain that on the date of incident, when he with his police party was on patrol when reached at the place of incident, apprehended the appellant and secured from him the unlicensed pistol with magazine containing 03 live bullets of same bore under memo prepared by him at the spot and then lodged report of the incident with PS Surjani Town, Karachi. Evidence of the complainant takes supports from evidence of P.Ws/mashirs PCs Muhammad Ismail and Amir Zeb. Whatever is stated by them is taking support from ancillary evidence of P.W/I.O Inspector Fida Hussain with positive FSL report. The evidence furnished by the prosecution could not be disbelieved only for the reason that they are police officials, they indeed were having no reason to have involved the appellant in this case falsely by foisting upon him unlicensed pistol and bullets. In these circumstances, learned trial Court was right to conclude that the prosecution has been able prove its case against the appellant beyond shadow of doubt.

4. In view of above, it is concluded safely that no case for making interference with the impugned judgment is called for, consequently, the instant jail appeal fails and it is dismissed accordingly.

JUDGE