ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl. Appeal No. D- 09 of 2007.

Date of hearing

Order with signature of Judge

24.04.2008.

Mr. Saeed Ahmed Bijarani Advocate for appellant.

Mr. Mushtaq Ahmed Abbasi, Asstt. A. G.

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Learned counsel for the appellant says that in appeal No.36/2004, in the same case the sentence of the co-accused has been reduced to five years by this court. He states that the case of the present appellant is not distinguishable from that of the co-accused whose sentence has already been reduced. He claims that on the rule of consistency the sentence of the present appellant should also be reduced to five years.

Learned Asstt. A. G Mr. Mushtaq Ahmed Abbasi has confirmed the facts narrated by the learned counsel for appellant Mr.Bijarani, are correct and the case of the present appellant is not distinguishable from that of the co-accused whose sentence has already been reduced.

In this case we modify conviction from section 365-A to 365 P.P.C and reduce sentence of the appellant to five years. With above modification appeal is dismissed. Benefit of section 382-B Cr.P.C. is given to the appellant.

Judge

Judge