IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Appeal No. 207 of 2022

Appellant: Nadeem Habib Gul through Mr. Qadir Hussain advocate

Respondent: The State through Mr. Faheem Husssain Panhwar, Deputy Prosecutor General Sindh

Date of hearing: 18.11.2022

Date of Judgment: 18.11.2022

J U D G M E N T

IRSHAD ALI SHAH, J.- It is alleged that from the appellant on arrest was secured unlinced pistol of 30 bore with magazine containing 03 live bullets of same, which he allegedly was having at the time of committing robbery, for that he was booked and reported upon. On conclusion of trial, he was convicted u/s 23(1)(a) of Sindh Arms Act and sentenced to undergo rigorous imprisonment for 05 years with fine of Rs.20,000/- and in default whereof to undergo simple imprisonment for 06 months with benefit of Section 382(b) Cr.P.C by learned Additional Sessions Judge-XII, Karachi East, vide judgment dated 07.03.2022,which is impugned by him before this Court by way of 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, which is not opposed by learned DPG for the state.

3. Heard arguments and perused the record.

4. The appellant is a young man of 20 years of age, said to be sole bread earner of his family and there is likelihood of his reformation, therefore, by considering all these factors as mitigating circumstances, the sentence awarded to the appellant for the said offence is reduced to rigorous imprisonment for 01 year with fine of Rs. 10,000/- and in default whereof he would undergo simple imprisonment for 01 month with benefit of section 382(b) Cr.P.C.

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

JUDGE