IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Jail Appeal No. 128 of 2022

Appellant: Muhammad Yousuf through Mr. Habib-ur-Rehman Jiskani advocate

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

Date of hearing: 07.12.2022

Date of judgment: 07.12.2022

J U D G M E N T

IRSHAD ALI SHAH, J- It is alleged that appellant with rest of the culprits robbed P.Ws Burhan-ul-Haq and others of their cell phones and other belongings when were about to make their escape good from the place of incident, the appellant was apprehended at the spot and from him was recovered certain robbed articles and unlicensed pistol of 30 bore with magazine containing 03 live bullets of same bore, by police party of P.S PIB Colony led by complainant HC Dildar, 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 03 months with benefit of section 382(b) Cr.P.C by learned XII-Additional Sessions Judge, Karachi East vide judgment dated 13.11.2021, which is impugned by the appellant before this Court by preferring the instant jail appeal.

2. At the very outset, it is stated by the learned counsel for the appellant that he would not press disposal of instant 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. Appellant is young man of 20 years of age, said to be sole bread earner of his family and there is likelihood of his reformation, therefore, by considering all these factors as mitigating circumstances, the sentence awarded to the appellant for the above offence is reduced to rigorous imprisonment for 01 year with fine of Rs.10,000/- and in default whereof he would undergo simple imprisonment for 15 days with benefit of section 382(b) Cr.P.C.

6. Subject to above modification, the instant jail appeal fails and is disposed of accordingly.

JUDGE