ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Criminal Appeal No.371 of 2010

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DATE             ORDER WITH SIGNATURE(S) OF JUDGE(S)

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     For regular hearing

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27.05.2013

     Mr. Muhammad Iqbal Awan, A.P.G.

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          Appellant Muhammad Sher alias Muhammad Shakeel was tried by learned II Additional Sessions Judge South Karachi along with acquitted accused Asif in Sessions Case No.367/2005 under sections 392/397/324/34 PPC of P.S. Preedy, Saddar, Karachi. Trial Court found the accused Muhammad Sher alias Muhammad Shakeel guilty after full-fledged trial and convicted the appellant vide judgment dated 12.08.2010 under section 392 PPC and sentenced him for 10 years R.I. and to pay fine of Rs.200,000/- and in default of payment of fine to further undergo S.I. for 6 months more. Appellant/accused was also convicted under section 324 PPC and sentenced to 03 year R.I. Benefit of section 382-B PPC was also extended to the accused. However, accused Asif was acquitted by the trial Court. Against the conviction and sentence recorded by the trial Court aforesaid appeal has been preferred.

 

          Mr. Muhammad Iqbal Awan, learned Assistant Prosecutor General Sindh placed on record letter dated 25.05.2013 issued by the Superintendent Central Prison, Karachi, showing that the appellant Muhammad Sher alias Muhammad Shakeel after expiry of the sentence and earning remissions and payment of fine has been released from the jail on 29.10.2011.

 

          With the assistance of learned Assistant Prosecutor General Sindh I have perused the entire evidence, which shows that prosecution has proved its case against the appellant. Judgment of trial Court dated 12.08.2010 is based upon sound reasons. Today appellant and his counsel have chosen to remain absent. It appears that they are no more interested to pursue the appeal. Judgment of trial Court requires o interference. In these circumstances, appeal stands dismissed, accordingly.

 

                                                                       JUDGE

Gulsher/PA