IN THE HIGH COURT
OF SINDH, BENCH AT SUKKUR
Criminal Appeal No.S-120 of 2022
Appellant Muhammad
Usman @ Meer Jan son of Lal Bux
bycaste Machhi.
Through
M/s Rukhsar Ahmed Junejo and Raja Iftikhar Hussain Ansari advocates.
The State Through Mr. Shafi Muhammad Mahar, Deputy Prosecutor General.
Date of hearing 07-11-2023
Date of decision 07-11-2023
J U D G M E N T
IRSHAD ALI SHAH, J. It is alleged that the appellant booked
slaughtered birds duly kept in cartoons from Railway Station Shahdadpur by way of Awami
Express to be delivered to one Naveed at Okara, those were intercepted at Railway Station Rohri by
Wildlife Protection Team; consequently, the present case was registered. On
conclusion of trial, the appellant was convicted u/s 9(I)(a)
Sindh Act. No.XXIII of 2020 and sentenced to undergo
rigorous imprisonment for five years and to pay fine of Rs. 200,000/- (Two Lacs) and in default whereof to undergo simple imprisonment
for one year; he was further convicted u/s 21(1) Sindh Act No.XXIII
of 2020 and sentenced to undergo rigorous imprisonment for three years and to
pay fine of Rs. 500,000/- (Five Lac) and default whereof to undergo simple
imprisonment for six months. Neither any benefit was awarded to the appellant
u/s 382 (b) Cr.P.C nor any order was passed as to whether both the sentences to
run concurrently or consecutively by learned IVth
Additional Sessions Judge (Hudood) Sukkur vide judgment dated 24-12-2022, which
is impugned by the appellant by preferring the instant Crl. Appeal.
2. At the very outset,
it is stated by learned counsel for the appellant that the punishment u/s
9(1)(a) of Sindh Act No.XXIII of 2020 is misplaced
while sentence awarded to the appellant u/s 21 of Sindh Act No.XXIII
of 2020 is too harsh; the appellant in collusive of remission has already
undergone 21 months of the imprisonment, therefore, under instructions he would
not press the disposal of instant Crl. Appeal on its merits, provided the
sentence awarded to the appellant is reduced to one, which he has already
undergone, which is not opposed by learned DPG for the State, who is assisted
by the complainant.
3. Heard arguments
perused the record.
4. Admittedly the
incident has not taken place within prohibited or protected area for Wildlife habitant; therefore, the punishment awarded to the
appellant u/s 9 (1) (a) of Sindh Act No.XXIII of 2020
is misplaced; it is set aside.
5. The appellant is old
man of 56 years of the age; said to be sole bread earner of his family; by not
pressing disposal of his appeal on merits he has shown remorse as such there is
likelihood of his reformation. By considering all these factors as mitigating
circumstances; the punishment awarded to the appellant u/s 21 of Sindh Act No.XXIII of 2020 for smuggling or trade of the birds is reduced
to one which he has already undergone with fine of Rs. 100,000/- (One lac) and
in default whereof to undergo simple imprisonment for six months with benefit
of section 382 (b) Cr.P.C.
5. Instant Crl. Appeal subject to above modification is disposed of
accordingly.
J
U D G E
Nasim/P.A