IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Appeal No. 709 of 2021

Appellant: Muhammad Haroon through Mr. Abdul Hakeem Shar advocate

The State: Through Mr. Khadim Hussain, Additional Prosecutor General Sindh

Date of hearing: 11.10.2022

Date of judgment: 11.10.2022

J U D G M E N T

IRSHAD ALI SHAH, J- It is the case of the prosecution that on arrest from the appellant was secured an unlicensed pistol of 9mm bore by police party of PS Karachi Industrial Area, led by ASI Nazeer Ahmed, for that he was booked and reported upon by the police. On conclusion of the trial, the appellant was convicted under Section 23(1)(a) of Sindh Arms Act, 2013 and was sentenced to undergo rigorous imprisonment for 05 years with 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 Additional Sessions Judge-XII, Karachi East vide judgment dated 11.12.2021, 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 the appellant is sole bread earner of his family and he would not press the disposal of instant appeal on merits, provided sentence awarded to the appellant is reduced to one which he has already undergone, which is opposed by learned Addl. P.G for the State.

3. The appellant is a young man and said to be sole bread earner of his family, therefore, sentence awarded to him for having committed an offence punishable under Section 23(1)(a) of Sindh Arms Act, 2013 is reduced to rigorous imprisonment for 02 years with fine of Rs.10,000/- and in default whereof to undergo simple imprisonment for one month with benefit of section 382(b) Cr.P.C.

4. Subject to above modification in sentence, the instant appeal is dismissed as not pressed.

JUDGE