IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Appeal No. 335 of 2022

Appellant: Sajid through Mr. Muhammad Faisal Bukhari advocate

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

Date of hearing: 26.10.2022

Date of judgment: 26.10.2022

J U D G M E N T

IRSHAD ALI SHAH, J- It is the case of prosecution that on arrest from the appellant was secured unlicensed pistol of 9mm bore with magazine containing 02 live bullets of same bore by police party of PS Mobina Town, led by ASI Muhammad Sharif which he allegedly used while committing robbery from house of P.W/ mashir Salah Alam, for that he was booked and reported upon.

2. On conclusion of trial, the appellant was convicted under Section 23(1)(a) of Sindh Arms Act, 2013 and sentneced to undergo R.I for 10 years and to pay fine of Rs.10,000/- and in default whereof to undergo S.I for 01 month with benefit of section 382(b) Cr.P.C by learned IV-Additional Sessions Judge, Karachi East vide judgment dated 12.05.2022, which is impugned by the appellant before this Court by way of the instant appeal.

3. It is contended by learned counsel for the appellant that the appellant being innocent has been involved in this case falsely by the police at the instance of the complainant party of main robbery case by foisting upon him the unlicensed weapon and evidence of the P.Ws being doubtful in its character has been believed by learned trial court without assigning cogent reasons. By contending so, he sought for acquittal of appellant by extending him benefit of doubt.

4. Learned Addl. P.G for the state by supporting the impugned judgment has sought for dismissal of the instant appeal by contending that the appellant has been apprehended at the spot by the police after exchange of fires and from him has been secured the crime weapon and robbed property.

5. Heard arguments and perused the record.

6. It is stated by complainant SIP Muhammad Sharif that on the date of incident on hearing of fire shot reports, he went at the place of incident with his police party, found one person lying injured there, thereafter, he apprehended the appellant, in injured condition, after exchange of fires, from him was secured the unlicensed pistol of 9mm bore with magazine containing 02 live bullets, robbed cell phone and cash worth Rs.20,000/- said to be robbed property for that the present case was registered. It was further stated by him that the appellant and injured person then were referred to hospital. His evidence takes support from evidence of P.Ws/mashirs Salah Alam and PC Muhammad Usman, which also takes support from evidence of I.O/SIP Shahzad Ali with positive forensic report. They have stood by their version on all material points with regard to the arrest of the appellant and the recovery so made from him, they could not be disbelieved only to extend favour to the appellant. Indeed, the complainant and his witnesses were having no reason to have involved the appellant in this case falsely by foisting upon him the unlicensed pistol of 9MM bore together with the magazine and two live bullets of same bore. 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.

7. In view of facts and reasons discussed above, it is concluded that no case to make interference with the impugned judgment is called for, by this Court, by way of instant appeal, it is dismissed accordingly.

JUDGE