IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Criminal Jail Appeal No.S-07 of 2024

Appellant:                      Farhan son of Nizamuddin Korkani,

Through Mr.Riaz Hussain Khoso, Advocate

The State:                       Through Mr. Aitbar Ali Bullo, D.P.G,

Date of hearing:            18.07.2024

Date of decision:           18.07.2024

JUDGMENT

IRSHAD ALI SHAH, J;- On completion of the trial, co-accused Khalid and Naveed were acquitted, while the appellant was convicted u/s.496-B PPC for allegedly maintaining illicit relation with Mst.Zahida and sentenced to undergo rigorous imprisonment for two years with a fine of Rs.10,000/- and in default in payment whereof, to undergo simple imprisonment for two months with the benefit of Section 382-B Cr.PC by learned 4^th Additional Sessions Judge, Larkana, vide judgment dated 29.02.2024, which he has impugned before this Court by preferring the instant criminal jail appeal.

2.       It is contended by learned counsel for the appellant that the appellant is on the verge of completion of his sentence, therefore, he would not press the disposal of instant criminal jail appeal before this Court on merits provided the sentence awarded to him is reduced to one which he has already undergone, which is not opposed by learned D.P.G for the State.

3.       Heard arguments and perused the record.

4.       The appellant as per jail roll inclusive of the remission has remained in jail for 01 year, 10 months and 28 days; he is a young man of 22 years of age; by not pressing disposal of his appeal on merits, he has shown remorse, thus, there is the likelihood of his reformation. Considering all these factors as mitigating circumstances, the sentence awarded to the appellant is reduced to one, that he has already undergone; it would include the sentence which he is likely to undergo on account of his failure to make payment of fine.  

5.       The instant criminal jail appeal is disposed of accordingly.

                 JUDGE

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