IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Jail Appeal No. 110 of 2022

Appellant: Aamir Ahmed through Mr. Habib-ur-Rehman Jiskani advocate

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

Date of hearing: 22.11.2022

Date of Judgment: 22.11.2022

J U D G M E N T

IRSHAD ALI SHAH, J.- It is alleged that the appellant with one more culprit, robbed complainant Muhammad Niazuddin and P.W Merajuddin of their cell phones and Rs. 20,000/-, for that he was booked and reported upon by police. On conclusion of trial, he was convicted u/s 392 PPC and was sentenced to undergo R.I for 07 years and to pay fine of Rs.50,000/- to the complainant and PW Merajuddin and in default whereof to undergo R.I for 06 months with benefit of Section 382(b) Cr.P.C by learned I-Additional Sessions Judge/MCTC, Karachi West, vide judgment dated 29.01.2020, 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 the appellant has almost completed 06 years of the sentence and he would not press the disposal of instant jail 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 27 years of the age, said to be sole bread earner of his family and there is likelihood of his reformation. By considering all these factors as mitigating circumstances, the sentence awarded to the appellant for the above said offence is reduced to R.I for 04 years with fine of Rs.50,000/- payable to the complainant and P.W Merjuddin and in default whereof he would undergo S.I for 06 months with benefit of section 382(b) Cr.P.C.

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

JUDGE