JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Jail Appeal.No.S-10 of 2022

(Muhammad Ali Jalbani Vs. The State)

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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For the hearing of the main case.

29.07.2024

                        Mr. Muhammad Afzal Jagirani, Advocate for the appellant.

                        Mr.Aitbar Ali Bullo, D.P.G for the State.

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IRSHAD ALI SHAH, J.- It is the case of the prosecution that the appellant attempted to abduct baby Haya a girl aged about 05 years for lust, for which the present case was registered. At trial, the appellant denied the charge and the prosecution to prove the same, examined seven witnesses, and then closed its side. The appellant in his statement recorded u/s.342 Cr.PC, denied the prosecution’s allegation by pleading innocence by stating that he has been involved in this case falsely by the complainant on account of his faith being a member of “Shia” sect. He did not examine anyone in his defence or himself on oath. On the conclusion of the trial, he was convicted u/s.364-A r/w Section 511 PPC and sentenced to undergo rigorous imprisonment for ten years and to pay a fine of Rs.50,000/- and in default in payment whereof, to undergo simple imprisonment for six months, by learned 4^th Additional Sessions Judge, Larkana, vide judgment dated 19.03.2022, which the appellant has impugned before this Court by preferring the instant criminal jail appeal.

2.         At the very outset, it is stated by learned counsel for the appellant that the appellant inclusive of the remission, has already undergone more than seven years of imprisonment, therefore, he would not press disposal of his appeal before this Court on merit provided the sentence awarded to the appellant is reduced to one which he has already undergone, which is not opposed by learned D.P.G for the State.

3.         Heard arguments and perused the record.

4.         The appellant is 37 years of age, and has a large family to maintain. By not pressing disposal of his appeal on merit, he has shown remorse; thus there is likelihood of his reformation. Considering all these factors as mitigating circumstances, the sentence awarded to the appellant for the said offence is reduced to rigorous imprisonment for seven years with a fine of Rs.10,000/- and in default in payment whereof, he would undergo simple imprisonment for one week, with the benefit of Section 382-B Cr.PC.

5.         The instant criminal jail appeal subject to the above modification is dismissed as not pressed. 

JUDGE