IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Appeal No. 206 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 the appellant with rest of the culprits robbed complainant Faizan Masood and P.W Usman of their money and other belongings, the appellant was apprehended soon after the incident and from him is alleged to have been secured the pistol which he was having at the above of above incident, Rs.1400/- and cell phone, for that he was booked and reported upon. 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 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 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 01 month with benefit of section 382(b) Cr.P.C.

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

JUDGE