IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Appeal No. 434 of 2022

Appellants: Jahanzeb @ Phora through Mr. Shamsuddin Mirjat advocate

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

Date of hearing: 06.12.2022

Date of Judgment: 06.12.2022

J U D G M E N T

IRSHAD ALI SHAH, J.- It is alleged that the appellant with rest of the culprit robbed complainant Usama of his wrist watch and Rs.500/- when were about to make their escape good, the appellant was apprehended at the spot together with incriminating pistol and robbed property by police party on duty led by ASI Sajid Mehmood of P.S Kaemari, as such he was booked and reported upon accordingly. On conclusion of trial, he was convicted under section 392 PPC and sentenced to undergo rigorous imprisonment for 07 years with fine of Rs.25,000/- payable to the complainant and in default whereof to undergo simple imprisonment for 06 months with benefit of Section 382(b) Cr.P.C by learned I-Additional Sessions Judge/MCTC Karachi West, vide judgment dated 13.06.2022, which is impugned by the appellant before this Court by preferring 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 for the said offence is reduced to one, which he has already undergone, which is not opposed by learned APG for the State.

3. Heard arguments and perused the record.

4. The appellant is young man of 24 years of the age and is 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 said offence is reduced to rigorous imprisonment for 03 years with fine of Rs.10,000/- payable to the complainant and in default whereof to undergo simple imprisonment for 10 days with benefit of section 382(b) Cr.P.C.

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

JUDGE