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