IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Jail Appeal No. 275 of 2021

Appellant: Nemo for Muhammad Hafeez

The State: Through Mr. Faheem Hussain Panhwar, Deputy Prosecutor General Sindh

Date of hearing: 12.10.2022

Date of judgment: 12.10.2022

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 unlicensed pistol of 30 bore with magazine containing 03 live bullets of same bore by police party of P.S Tehmoria Karachi, for that he was booked and reported upon by the police. After completion 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 03 years with fine of Rs.20,000/- and in default whereof to undergo simple imprisonment for 01 month with benefit of section 382(b) Cr.P.C by learned V-Additional Sessions Judge, Karachi Central, vide judgment dated 02.02.2021 which is impugned by the appellant before this Court by preferring the instant appeal from jail.

2. As per jail roll furnished by the Jail Authorities, the appellant has already been released from jail on completion of his jail term and probably this appears to be a reason with him to have neglected the instant Criminal Jail Appeal; the same could not be kept pending on file of this Court indefinitely for want of appearance of the appellant, therefore, it was decided to be disposed of on merits by providing chance of hearing to learned D.P.G for the State, who has supported the impugned judgment.

3. It was stated by complainant SIP Malik Ateeq-ur-Rehman that on the date of incident, he with his police party was on patrolling when reached at the place of incident, apprehended the appellant and secured from him the unlicensed pistol with magazine containing 03 live bullets of same bore under memo prepared by him at the spot and then lodged report of the incident with PS Tehmoria, Karachi. His evidence takes supports from evidence of P.W/mashir HC Anees-ur-Rehman. Whatever is stated by them is taking support from ancillary evidence of P.W/I.O ASI Javed Moeed, same cannot be disbelieved only for the reason that it is furnished by the police officials, they indeed were having no reason to have involved the appellant in this case falsely by foisting upon him unlicensed pistol with bullets. In these circumstances, learned trial Court was right to conclude that the prosecution has been able prove its case against the appellant beyond shadow of doubt.

4. In view of above, it is concluded safely that no case for making interference with the impugned judgment is made out, consequently, the instant jail appeal fails and it is dismissed accordingly.

JUDGE