IN THE HIGH COURT OF SINDH AT KARACHI

Criminal Appeal No. 435 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 P.W 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 robbed property and unlicensed pistol of 30 bore with magazine containing 02 live bullets by police party on duty led by complainant ASI Sajid Mehmood of P.S Kaemari, for that he was booked and reported upon. On conclusion of trial, he was convicted under section 23(1)(a) of Sindh Arms Act, 2013 and sentenced to undergo rigorous imprisonment for 05 years and to pay fine of Rs.25,000/- 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 01 year with fine of Rs.10,000/- 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