IN THE HIGH COURT OF SINDH, AT KARACHI

 

Criminal Jail Appeal No. 636 of 2021

  

                                                       

 

Appellant:                    Nemo for appellant Bilal

N

The State:                      Through Ms. Rubina Qadir, Deputy Prosecutor General Sindh

 

Date of hearing:           03.10.2022

 

Date of judgment:        03.10.2022

 

 

J U D G M E N T

 

IRSHAD ALI SHAH, J-It is alleged that appellant robbed complainant Salman Saeed of his wallet containing Rs.500/- and his CNIC and on attempt to rob cell phone from the complainant, he caused him fire shot injury on his leg to make escape from the place of incident, for that he was booked and reported upon. After due trial, the appellant was convicted for an offence punishable under Section 392 PPC and sentenced to undergo R.I for 03 years with fine of Rs.5000/- and in default whereof to undergo simple imprisonment for 01 month with benefit of section 382-B Cr.P.C by learned II-Additional Sessions Judge, Karachi East vide judgment dated 24.05.2021 which is impugned by the appellant by preferring the instant appeal from jail. 

2.       As per jail roll furnished by the Jail Authorities, the appellant has already been released on completion of his jail term and probably this appears to be a reason for him to have neglected the instant jail appeal, same could not be kept pending on file for want of his appearance therefore, it was decided to be disposed of on merits after hearing learned D.P.G for the State.

3.       Learned D.PG for the state by supporting the impugned judgment has sought for dismissal of instant appeal.

4.       Heard arguments and perused the record.

5.       As per complainant Salman Saeed on the date of incident when was going back to his home after attending his office, when reached at the place of incident he was confronted by the appellant who came there on his motorcycle, robbed him of his Wallet containing Rs.500/- and his CNIC and then attempted to rob him of his cell phone and on resistance caused him fire shot injury on his leg. On his cries, the passerby person and the police party led by ASI Gul Baz Khan came and apprehended the appellant and recovered from him the robbed property and crime weapon. His evidence takes support from ancillary evidence furnished by P.Ws ASI Gul Baz Khan, PC Muhammad Nazeer and I.O/SIP Khadim Hussain with remote chance of foistation of robbed property and crime weapon. In these circumstances learned trial Court was right to conclude that the prosecution has been able to prove its case against the appellant beyond shadow of doubt and such finding is not calling for any interference by this Court.

6.       In view of above, the instant jail appeal fails and is dismissed accordingly.

                                                                                                  JUDGE