IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Appeal No. 304 of 2020

Appellant: Rizwan through Mr. Shafqat Gul Malik advocate

The State: Through Mr. Khadim Hussain, Additional Prosecutor General Sindh

Date of hearing: 05.12.2022

Date of judgment: 05.12.2022

J U D G M E N T

IRSHAD ALI SHAH, J- It is alleged that the appellant subjected P.W/victim Baby Laiba, a girl aged about 09 years, to rape, for that he was booked and reported upon. On conclusion of trial, he was convicted under Section 376 PPC and sentenced to undergo life imprisonment and to pay fine of Rs.100,000/- and in default whereof to undergo simple imprisonment for 03 months with benefit of section 382(b) Cr.P.C by learned II-Additional Sessions Karachi Central vide judgment dated 06.12.2020 which is impugned by the appellant before this Court by way of instant appeal.

2. At the very outset, it is stated by learned counsel for the appellant that, under instructions, he would not press the disposal of instant appeal on merits, provided the sentence awarded to the appellant for the said offence is reduced to one which he has already undergone, which is not opposed by learned Addl. P.G for the state.

3. Heard arguments and perused the record.

4. The appellant by not insisting for disposal of his appeal on merits has admitted his guilt impliedly; he is appearing to be a young man of 24 years of age with no previous criminal record. By considering these factors as mitigating circumstances, the sentence awarded to the appellant for the said offence is reduced to rigorous imprisonment for 10 years with fine of Rs.100,000/- and in default whereof to undergo simple imprisonment for 03 months with benefit of section 382(b) Cr.P.C.

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

JUDGE