IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

 

Cr. Appeal No. S-20 of 2023

 

 

Appellant

 

Ali Akbar @ Bablo

 

 

Through Mr. Pardeep Kumar B. Botani, advocate

 

 

 

Complainant

 

Sadam Hussain Lashari,

(Called Absent)

 

 

 

State

 

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

 

Date of hearing

 

10-02-2025

Date of order

 

10-02-2025

 

 

O R D E R

 

Khalid Hussain Shahani, J. This is a criminal appeal filed by the  appellant Ali Akbar @ Bablo, challenging  the judgment dated 30.01.2023, passed by the court of learned I-Additional Sessions Judge, M.C.T.C Kandhkot, in Sessions Case No. 258/2021 (State vs. Ali Akbar alias Bablo),outcome of a case bearing  Crime No. 44/2021 of P.S. Karampur, offenses under Sections 324, 338-B, 337-F(iii), and 34 of the Pakistan Penal Code. The trial court convicted the appellant, sentencing him to ten years of rigorous imprisonment as Tazir, along with a fine of Rs. 30,000/-. In default of payment, the appellant would undergo two additional years of simple imprisonment. The appellant was also granted the benefit of Section 382-B Cr.P.C for the period spent as an under-trial prisoner.

2.                          As per prosecution theory, on 13.05.2021, the complainant, along with his mother Sahib Khatoon, brother Mir Hassan, and sister Zameera Khatoon, were present at their residence. At about 7:30 AM, they witnessed and identified the accused, Ali Akbar alias Bablo and Ahsan, both sons of Daulat by caste Lashari, arriving on a motorcycle. The accused dismounted and brandished TT pistols, declaring their intent to take Mst. Zameera Khatoon with them. Upon hearing this, Zameera Khatoon responded that her father Imamdin was not present and that it was Eid day, requesting to seek her father's permission before accompanying them. This response agitated Ali Akbar alias Bablo, who fired his TT pistol at Zameera Khatoon with the intent to kill her, injuring her right thigh and the area below her navel. Ahsan also fired directly with the intent to kill her, causing injuries to the back of her left thigh. Zameera Khatoon fell to the ground, bleeding and unconscious. The complainant’s family raised an alarm, attracting nearby villagers, at which point the accused fled the scene on their motorcycle in a northerly direction. The injured victim was taken to the police station for a referral letter and subsequently transported to Taluka Hospital Kandhkot. Due to the severity of her injuries, she was referred to Sukkur Hospital for further treatment. Consequent upon, case was registered inter alia on above facts.

3.                          At the outset, learned counsel for the appellant submitted that the appellant would be content and would not pursue the present appeal on merits, provided that the sentence imposed by the learned trial court is reduced to the term of imprisonment already served by the appellant.

4.                          The learned Deputy Prosecutor General acknowledged the request made by the learned counsel for the appellant and raised no objection to the reduction of the appellant’s period of incarceration in lieu of fine, limiting it to the duration of detention already served.

5.                          Upon careful consideration of the submissions made by learned counsel for the appellant, it is noted that the appellant and his family are in an extremely impoverished financial condition.

6.                          As per the jail roll provided by the authorities up to 10.02.2025, the appellant has completed a total of 3 years, 5 months, and 26 days of imprisonment, excluding any remission. Additionally, he has earned remissions amounting to 6 years, 3 months, and 10 days, effectively serving a cumulative sentence of 9 years, 9 months, and 6 days. The unexpired portion of his sentence, as reflected in the jail roll, stands at 2 years, 2 months, and 24 days. Given these circumstances, and in view of the mitigating factors, the appellant’s request for a reduction in the sentence imposed by the trial court warrants consideration

7.                          Considering the aforementioned circumstances, the appeal filed by the appellant is dismissed as not pressed. However, the sentence previously imposed on the appellant is modified and reduced to the period of imprisonment already served. Additionally, the fine imposed by the learned trial court is hereby remitted. The appellant, presently confined, shall be released forthwith unless required for detention in any other case.

8.                          The instant Criminal Appeal is disposed of with above modification along with pending applications.

 

 

                                                                                                             Judge

Abdul Salam/P.A