IN THE HIGH COURT OF SINDH, AT KARACHI
Criminal Jail Appeal No. 250 of 2022
Appellant: Muhammad
Muzamil through Mr. K.D. Sangi advocate
The State: Through
Mr. Faheem Hussain Panhwar, Deputy Prosecutor General Sindh
Date of hearing: 13.12.2022
Date of judgment: 13.12.2022
J U D G M E N T
IRSHAD ALI SHAH, J- It is alleged that the appellant robbed
complainant Mst. Saima of her cell phone, for that the present case was
registered. On conclusion of trial, the appellant 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 II-Additional Sessions Judge,
Karachi South vide judgment dated 19.01.2022, which have been impugned by the
appellant before this Court by preferring the instant appeal from jail.
2. At the very outset, it is stated by the
learned counsel for the appellant that no weapon was used by him in commission
of the incident, therefore, the offence at the most would fall under Section
392 PPC, therefore, he would not press disposal of instant appeal on merits,
provided the sentence awarded to the appellant is reduced to one which he has already
undergone by modifying the penal section, which is not opposed by learned DPG
for the State.
3. Heard arguments and perused the record.
4. Admittedly, no weapon was used by the
appellant in commission of incident, as such, the offence, if any, would fall
under Section 392 PPC, therefore, the punishment to the appellant u/s 397 PPC
is misplaced, thus, it is modified with one u/s 392 PPC, consequently, the
appellant is convicted and sentenced to undergo rigorous imprisonment for 03
years with fine of Rs.10,000/- and in default whereof to undergo simple
imprisonment for 20 days with benefit of section 382(b) Cr.P.C.
5. 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.”
6. The instant jail appeal is disposed of
subject to above modification.
JUDGE