IN THE HIGH COURT OF SINDH, AT KARACHI
Criminal Jail Appeal No. 22 of 2021
Appellant: Rizwan @ Noman through Mr. Muhammad Ramzan,
advocate
The State: Mr. Khadim Hussain, Additional Prosecutor
General Sindh
Complainant: Hafeez Ansari along
with victim baby Rabia present in person
Date of hearing: 11.03.2023
Date of judgment: 11.03.2023
J U D G M E N T
IRSHAD ALI SHAH, J-
It is alleged
that the appellant and co-accused Ali took baby Rabia, a girl aged about 9/10
years to their shop, in deceitful manner and then subjected her to rape, for
that they were booked and reported upon. On conclusion of trial, co-accused Ali
was acquitted while the appellant was convicted under Section 364-A PPC and
sentenced to undergo Rigorous imprisonment for life; he was further convicted
under section 376 PPC and sentenced to undergo Rigorous imprisonment for life
with fine of Rs.100,000/- and in default whereof to undergo simple imprisonment
for 04 months; both the sentences were directed to run concurrently with
benefit of section 382(b) Cr.P.C by learned Additional Sessions Judge, Sujawal/Gender
Base Violence Court, Thatta vide judgment dated 12.12.2020, which is impugned
by the appellant before this Court by preferring the instant appeal from jail.
2. At the very outset, it is stated by
learned counsel for the appellant that he would not press the disposal of
instant jail appeal on merits provided the sentence awarded to the appellant is
reduced to considerable extent by considering mitigating circumtances, which is
not opposed either by learned Addl. P.G for the state or by the complainant and
P.W/victim baby Rabia in person.
3. Heard arguments and perused the record.
4. The FIR of the incident has been lodged
with delay of about 01 day; co-accused Ali on the basis of same evidence has
already been acquitted; no DNA report is brought on record. By considering all
these factors as mitigating circumstances, the sentence awarded to the
appellant for offence punishable under Section 364-A PPC is reduced to Rigorous
Imprisonment for 07 years while sentence awarded to the appellant for offence
punishable under Section 376 PPC is reduced to Rigorous imprisonment for 10
years with fine of Rs.10,000/- and in default whereof he shall undergo simple
imprisonment for 01 month. Both the sentences to run concurrently with benefit
of section 382(b) Cr.P.C.
5. The instant jail appeal subject to
above modification is disposed of accordingly.
JUDGE
Nadir*.