JUDGMENT SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Criminal Jail Appeal.No.D-27 of 2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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Before:

 Mr.Justice Irshad Ali Shah,

 Mr. Justice Shamsuddin Abbasi,

For hearing of main case.

21.10.2021

 

                        Makhdoom Syed Tahir Abbas Shah, Advocate for the appellant.

Mr. Ali Anwar Kandhro, Addl. Prosecutor General for the State.

 

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IRSHAD ALI SHAH, J;- The appellant for being in possession of 190 grams of Charas for an offence punishable under section 9(b) of the CNS Act, 1997, was convicted and sentenced to undergo R.I for two years with fine of Rs.20,000/- and in case of default in payment of fine, to undergo S.I for three months, by learned 1st Additional Sessions Judge/MCTC (CNS), Kamber @ Kamber, vide judgment dated 25.08.2021, which is impugned by the appellant before this Court by preferring the instant jail appeal.

2.         At the very outset, it is stated by learned counsel for the appellant, under instructions, he would not press disposal of instant appeal on merits, if the conviction and sentence awarded to the appellant is reduced to one which he has already undergone.

3.         Learned Addl. P.G for the state has recorded no objection to said proposition by stating that the appellant has already undergone 07 months and 10 days of substantial sentence and besides this has also earned remission of 07 months and 27 days.

4.         We have considered the above arguments and have perused the record.

5.         It is the case of the prosecution that the appellant was found in possession of 190 grams of Charas, which is substantiated by the report of chemical examiner, such allegation the prosecution has been able to prove by examining complainant ASI Abdul Ghaffar Kalhoro and PW/Mashir PC Imtiaz Ali Wako, PC Abdul Hafeez Waggan and WHC Allah Rakhio, they were having no enmity with the appellant to have involved him in this case falsely by making foistation of such Charas upon him. In these circumstances, learned trial Court was right to conclude that the prosecution has been able to prove its case against the appellant beyond shadow of doubt.

6.         However, the conviction and sentence awarded to the appellant needs to be modified with lenient action for the reasons that it has come on record the appellant is an old man of 45 years of the age, he being labourer is having no criminal record and is said to be the sole bread earner of his entire family, thus is capable of reformation. By accepting his guilt he has also shown his genuine remorse probably. By considering these factors as special mitigating circumstances/features, we hereby modify the conviction and sentence awarded to the appellant with one which he has already undergone which includes imprisonment on account of his failure to make payment of fine.

7.         The instant Jail Appeal is disposed of accordingly. 

JUDGE

                                                JUDGE