IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Appeal No. 244 of 2021

Appellant: Sharib Jawaid through Mr. Abdul Baqi Lone advocate

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

Complainant: Muhammad Iqbal through Mr. Liaquat Ali advocate

Date of hearing: 23.11.2022

Date of judgment: 23.11.2022

J U D G M E N T

IRSHAD ALI SHAH, J- It is alleged that during course of robbery of cell phone and cash worth Rs.125,000/-, on resistance, the appellant caused knife injuries to Mst. Tasleem Kousar by making trespass into the house of complainant Muhammad Iqbal, for that he was booked and reported upon. On conclusion of trial, he was convicted under Section 337-A(i),F(i) and F(ii) PPC and sentenced to undergo imprisonment for 02 years and to pay Daman of Rs.30,000/- and in default whereof to undergo rigorous imprisonment for 03 months with benefit of section 382(b) Cr.P.C by learned II-Additional Sessions Judge Karachi East vide judgment dated 16.04.2021, which is impugned by the appellant before this Court by preferring the instant appeal.

2. It is contended by learned counsel for the appellant that the appellant being innocent has been involved in this case falsely; no charge against him was framed for allegations of injuries to P.W Mst. Tasleem Kousar and he has impliedly been acquitted for allegation of robbery even by learned trial Court by awarding him no punishment for that offence; he being young man is entitled to his acquittal by extending him benefit of doubt, which is opposed by learned DPG for the State and learned counsel for the complainant by contending that the appellant has already been dealt with leniently by learned trial Court.

3. Heard arguments and perused the record.

4. Admittedly, no charge was framed against the appellant for allegation of trespass or causing injuries to P.W Mst. Tasleem Kousar during course of robbery; no punishment for robbery is awarded to the appellant though point for determination framed for such allegation is answered as proved; the punishment awarded to the appellant is for causing injuries to P.W Mst. Tasleem Kousar, that too is jumble, which is contrary to the mandate contained by Section 367 Cr.P.C.

5. In view of above, the impugned judgment being illegal is set aside with direction to learned trial Court to conduct the denovo trial against the appellant right from the stage of framing of charge against him afresh.

6. The appellant as per jail roll has already been released on completion of his jail term, he may join the trial, by furnishing surety in the sum of Rs.100,000/- (Rupees One Lac Only) and P.R bond in the like amount to the satisfaction of learned Court.

7. The instant appeal is disposed of accordingly.

JUDGE