IN THE HIGH COURT
OF SINDH AT KARACHI
Criminal Appeal No. 207 of 2022
Appellant: Nadeem Habib Gul through
Mr. Qadir Hussain advocate
Respondent: The State through Mr.
Faheem Husssain Panhwar, Deputy Prosecutor General Sindh
Date
of hearing: 18.11.2022
Date
of Judgment: 18.11.2022
J U D G M E N T
IRSHAD
ALI SHAH, J.- It is alleged that from
the appellant on arrest was secured unlinced pistol of 30 bore with magazine
containing 03 live bullets of same, which he allegedly was having at the time
of committing robbery, for that he was booked and reported upon. On conclusion
of trial, he was convicted u/s 23(1)(a) of Sindh Arms Act and sentenced to
undergo rigorous imprisonment for 05 years with fine of Rs.20,000/- and in
default whereof to undergo simple imprisonment for 06 months with benefit of
Section 382(b) Cr.P.C by learned Additional Sessions Judge-XII, Karachi East,
vide judgment dated 07.03.2022,which is impugned by him before this Court by way
of the instant appeal.
2. At
the very outset, it is stated by learned counsel for the appellant that he
would not press the disposal of instant appeal on merits, provided the sentence
awarded to the appellant is reduced to one which he has already undergone,
which is not opposed by learned DPG for the state.
3. Heard
arguments and perused the record.
4. The
appellant is a young man of 20 years of age, said to be sole bread earner of
his family and there is likelihood of his reformation, therefore, by
considering all these factors as mitigating circumstances, the sentence awarded
to the appellant for the said offence is reduced to rigorous imprisonment for
01 year with fine of Rs. 10,000/- and in default whereof he would undergo
simple imprisonment for 01 month with benefit of section 382(b) Cr.P.C.
5. Subject
to above modification, the instant appeal is disposed of accordingly.
JUDGE