IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Criminal Appeal No.S-120 of 2022

Appellant Muhammad Usman @ Meer Jan son of Lal Bux bycaste Machhi.

Through M/s Rukhsar Ahmed Junejo and Raja Iftikhar Hussain Ansari advocates.

The State Through Mr. Shafi Muhammad Mahar, Deputy Prosecutor General.

Date of hearing 07-11-2023

Date of decision 07-11-2023

J U D G M E N T

IRSHAD ALI SHAH, J. It is alleged that the appellant booked slaughtered birds duly kept in cartoons from Railway Station Shahdadpur by way of Awami Express to be delivered to one Naveed at Okara, those were intercepted at Railway Station Rohri by Wildlife Protection Team; consequently, the present case was registered. On conclusion of trial, the appellant was convicted u/s 9(I)(a) Sindh Act. No.XXIII of 2020 and sentenced to undergo rigorous imprisonment for five years and to pay fine of Rs. 200,000/- (Two Lacs) and in default whereof to undergo simple imprisonment for one year; he was further convicted u/s 21(1) Sindh Act No.XXIII of 2020 and sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 500,000/- (Five Lac) and default whereof to undergo simple imprisonment for six months. Neither any benefit was awarded to the appellant u/s 382 (b) Cr.P.C nor any order was passed as to whether both the sentences to run concurrently or consecutively by learned IVth Additional Sessions Judge (Hudood) Sukkur vide judgment dated 24-12-2022, which is impugned by the appellant by preferring the instant Crl. Appeal.

2. At the very outset, it is stated by learned counsel for the appellant that the punishment u/s 9(1)(a) of Sindh Act No.XXIII of 2020 is misplaced while sentence awarded to the appellant u/s 21 of Sindh Act No.XXIII of 2020 is too harsh; the appellant in collusive of remission has already undergone 21 months of the imprisonment, therefore, under instructions he would not press the disposal of instant Crl. Appeal on its 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, who is assisted by the complainant.

3. Heard arguments perused the record.

4. Admittedly the incident has not taken place within prohibited or protected area for Wildlife habitant; therefore, the punishment awarded to the appellant u/s 9 (1) (a) of Sindh Act No.XXIII of 2020 is misplaced; it is set aside.

5. The appellant is old man of 56 years of the age; said to be sole bread earner of his family; by not pressing disposal of his appeal on merits he has shown remorse as such there is likelihood of his reformation. By considering all these factors as mitigating circumstances; the punishment awarded to the appellant u/s 21 of Sindh Act No.XXIII of 2020 for smuggling or trade of the birds is reduced to one which he has already undergone with fine of Rs. 100,000/- (One lac) and in default whereof to undergo simple imprisonment for six months with benefit of section 382 (b) Cr.P.C.

5. Instant Crl. Appeal subject to above modification is disposed of accordingly.

J U D G E

Nasim/P.A