IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Jail Appeal No. 101 of 2022

Appellant: Alamgir Niazi through Mr. K.D. Sangi advocate

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

Date of hearing: 13.12.2022

Date of judgment: 13.12.2022

J U D G M E N T

IRSHAD ALI SHAH, J- It is alleged that the appellant robbed complainant Mst. Saima of her cell phone, for that the present case was registered. On conclusion of trial, the appellant was convicted under Section 397 PPC and sentenced to undergo rigorous imprisonment for 07 years with benefit of section 382(b) Cr.P.C by learned II-Additional Sessions Judge, Karachi South vide judgment dated 19.01.2022, which have been impugned by the appellant before this Court by preferring the instant appeal from jail.

2. At the very outset, it is stated by the learned counsel for the appellant that no weapon was used by him in commission of the incident, therefore, the offence at the most would fall under Section 392 PPC, therefore, 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 by modifying the penal section, which is not opposed by learned DPG for the State.

3. Heard arguments and perused the record.

4. Admittedly, no weapon was used by the appellant in commission of incident, as such, the offence, if any, would fall under Section 392 PPC, therefore, the punishment to the appellant u/s 397 PPC is misplaced, thus, it is modified with one u/s 392 PPC, consequently, the appellant is convicted and sentenced to undergo rigorous imprisonment for 03 years with fine of Rs.10,000/- and in default whereof to undergo simple imprisonment for 20 days with benefit of section 382(b) Cr.P.C.

5. In case of Salah-Ud-Din vs. The State (1990 P.Cr.L.J 1221), it has been held by Lahore High Court that;

“In the present case the appellant had not used their weapons. What they had done was the pointation of weapons at the complainant and under the fear thereof, he was made to surrender his Rickshaw and Rs.10/-, he was carrying. The offence committed, thus amounted to simple robbery punishable under Section 392 of the Code.”

6. The instant jail appeal is disposed of subject to above modification.

JUDGE