IN THE HIGH COURT
OF SINDH AT KARACHI
Criminal Jail Appeal No. 110 of 2022
Appellant: Aamir Ahmed through Mr. Habib-ur-Rehman
Jiskani advocate
Respondent: The
State through
Mr. Faheem Hussain Panhwar, Deputy Prosecutor General Sindh
Date
of hearing: 22.11.2022
Date
of Judgment: 22.11.2022
J U D G M E N T
IRSHAD
ALI SHAH, J.- It is alleged that
the appellant with one more culprit, robbed complainant Muhammad Niazuddin and
P.W Merajuddin of their cell phones and Rs. 20,000/-, for that he was booked
and reported upon by police. On conclusion of trial, he was convicted u/s 392
PPC and was sentenced to undergo R.I for 07 years and to pay fine of Rs.50,000/-
to the complainant and PW Merajuddin and in default whereof to undergo R.I for
06 months with benefit of Section 382(b) Cr.P.C by learned I-Additional
Sessions Judge/MCTC, Karachi West, vide judgment dated 29.01.2020, 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 that the
appellant has almost completed 06 years of the sentence and he would not press
the disposal of instant jail 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 27 years of the age, said to be sole bread earner
of his family and there is likelihood of his reformation. By considering all
these factors as mitigating circumstances, the sentence awarded to the
appellant for the above said offence is reduced to R.I for 04 years with fine of
Rs.50,000/- payable to the complainant and P.W Merjuddin and in default whereof
he would undergo S.I for 06 months with benefit of section 382(b) Cr.P.C.
5. Subject
to above modification, the instant jail appeal is disposed of accordingly.
JUDGE