IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Appeal No. 351 of 2021

Appellant: Muhammad Ismail through Syed Gulzar Hussain advocate

The State: Through Mr. Abrar Ali Khichi, Additional Prosecutor General Sindh

Date of hearing: 19.12.2022

Date of judgment: 19.12.2022

J U D G M E N T

IRSHAD ALI SHAH, J- It is alleged that on arrest from the appellant was secured unlicensed pistol of 30 bore with magazine containing 04 live bullets of same by police party of P.S Defence, led by complainant ASI Fasih Khanzada, which he allegedly used for committing robbery in house of P.W Saqib Ellahi, for that he was booked and reported upon. On conclusion of trial, he was convicted u/s 23(1)(a) of Sindh Arms Act 2013 and sentenced to undergo rigorous imprisonment for 06 years and to pay fine of Rs.20,000/- and in default whereof to undergo simple imprisonment for 03 months with benefit of section 382(b) Cr.P.C by learned Xth-Additional Sessions Judge, Karachi South vide judgment dated 21.04.2021, which is impugned by the appellant before this Court by preferring the instant 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 Addl. PG 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 appeal fails and is disposed of accordingly.

JUDGE