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*.