IN THE HIGH COURT OF SINDH, AT KARACHI

Criminal Appeal No. 403 of 2022

Appellant: Muhammad Raheel through Mr. Taj Fareen advocate

The State: Through Mr. Khadim Hussain, Additional Prosecutor General Sindh

Date of hearing: 10.11.2022

Date of judgment: 10.11.2022

J U D G M E N T

IRSHAD ALI SHAH, J- It is the case of the prosecution that the appellant with rest of the culprits robbed complainant Muhammad Rasheed of his cell phone and purse containing Rs.350/- and copy of his CNIC, he was apprehended at the spot when he was about to make his escape good with his associates, for that the present case was registered. On conclusion of trial, he was convicted under Section 397 PPC and sentenced to undergo rigorous imprisonment for 07 years with benefit of section 382(b) Cr.P.C by learned X-Additional Sessions Judge, Karachi South vide judgment dated 31.05.2022, which is impugned by the appellant before this Court by preferring the instant appeal.

2. It is contended by learned counsel for the appellant that the appellant being innocent has been involved in this case falsely by the police; there was no independent witness to the incident and the pistol and robbed property have been foisted upon the appellant. By contending so, he sought for acquittal of the appellant, which is opposed by learned Addl. P.G for the state by contending that the prosecution has been able to prove its case against the appellant beyond shadow of doubt.

3. Heard arguments and perused the record.

4. It is stated by complainant Muhammad Rasheed that he was robbed by the appellant and his associates of his cell phone and purse containing his CNIC and Rs.350/-, his associates made their escape good while he was apprehended at the spot by the passerby persons and from him were secured the robbed property and pistol, which he was having at the time of incident and he then was booked accordingly. The evidence of the complainant takes support from evidence of P.Ws I.Os/ASI Muhammad Sadiq and ASI Asim Shahzad; they have stood by their version on all material points despite lengthy cross-examination, they indeed were having no reason to have involved the appellant in this case falsely by foisting upon him the unlicensed pistol and robbed property. 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.

5. So for quantum of sentence is required, it needs to be modified for the reason that the pistol which the appellant was having at the time of incident was not used by him, therefore, the punishment awarded to the appellant for offence punishable under Section 397 PPC is misplaced, it is modified with section 392 PPC, consequently, the appellant for the said offence/penal section is sentenced to undergo rigorous imprisonment for 03 years with fine of Rs.10,000/- and in default whereof to undergo simple imprisonment for 01 month with benefit of section 382(b) Cr.P.C.

6. In case of Salah-Ud-Din vs. The State (1990 P.Cr.L.J 1221), it has been held by Lahore High Court that;

“In the present case the appellant had not used their weapons. What they had done was the pointation of weapons at the complainant and under the fear thereof, he was made to surrender his Rickshaw and Rs.10/-, he was carrying. The offence committed, thus amounted to simple robbery punishable under Section 392 of the Code.”

7. Subject to above modification, the instant appeal fails and is dismissed accordingly.

JUDGE