ORDER
SHEET
IN
THE HIGH COURT OF SINDH, KARACHI
Criminal
Appeal No.371 of 2010
-------------------------------------------------------------------------------------------------
DATE ORDER WITH SIGNATURE(S) OF JUDGE(S)
-------------------------------------------------------------------------------------------------
For regular hearing
-------------------------
27.05.2013
Mr. Muhammad Iqbal Awan,
A.P.G.
-------------------------------------------
Appellant
Muhammad Sher alias Muhammad Shakeel was tried by learned II Additional
Sessions Judge South Karachi along with acquitted accused Asif
in Sessions Case No.367/2005 under sections 392/397/324/34 PPC of P.S. Preedy, Saddar, Karachi. Trial
Court found the accused Muhammad Sher alias Muhammad Shakeel guilty after
full-fledged trial and convicted the appellant vide judgment dated 12.08.2010
under section 392 PPC and sentenced him for 10 years R.I. and to pay fine of
Rs.200,000/- and in default of payment of fine to further undergo S.I. for 6
months more. Appellant/accused was also convicted under section 324 PPC and
sentenced to 03 year R.I. Benefit of section 382-B PPC was also extended to the
accused. However, accused Asif was acquitted by the
trial Court. Against the conviction and sentence recorded by the trial Court
aforesaid appeal has been preferred.
Mr. Muhammad
Iqbal Awan, learned Assistant Prosecutor General Sindh
placed on record letter dated 25.05.2013 issued by the Superintendent Central
Prison, Karachi, showing that the appellant Muhammad Sher alias Muhammad
Shakeel after expiry of the sentence and earning remissions and payment of fine
has been released from the jail on 29.10.2011.
With the
assistance of learned Assistant Prosecutor General Sindh I have perused the
entire evidence, which shows that prosecution has proved its case against the
appellant. Judgment of trial Court dated 12.08.2010 is based upon sound
reasons. Today appellant and his counsel have chosen to remain absent. It
appears that they are no more interested to pursue the appeal. Judgment of
trial Court requires o interference. In these
circumstances, appeal stands dismissed, accordingly.
JUDGE
Gulsher/PA