IN THE HIGH COURT OF SINDH, AT KARACHI
Criminal Jail Appeal No. 125 of 2022
Appellant: Safdar
Ali 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 03 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 22 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