IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Appeal No. 358 of 2022

Appellant: Abdul Rehman through Mr. Javed Hussain jagirani 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 02 live bullets of same by police party of P.S Gulshan-e-Iqbal, led by complainant SIP Zameer Hussain which he allegedly used for committing robbery, 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 05 years and to pay fine of Rs.20,000/- and in default whereof to undergo simple imprisonment for 06 months with benefit of section 382(b) Cr.P.C by learned XII-Additional Sessions Judge, Karachi East vide judgment dated 31.03.2022, 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 18 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.

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

JUDGE