| Citation(s) |
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| 2025 SLG 4611 2025 SLD 4611 = 2025 SHC 1087 |
Criminal Appeal 170/2024
Shamsuddin Abbasi, J.
Appellants : Waqar alias Abdul Waqar son of Abdul Ghafoor through Mr. Zafar Ali Sipyo, advocate in Criminal Appeal No.169/2024 Altaf Hussain son of Yaqoob through Mr. Muhammad Munir Ahmed, advocate Criminal Appeal No.170/2024
Respondent : Mr. Qamaruddin Nohri, D.P.G. Date of Hearing : 07.05.2025 Date of Judgment : 07.05.2025
ALTAF HUSSAIN S/O YAQOOB V/S THE STATE Sindh High Court, Karachi
Law: Pakistan Penal Code, 1860
Section: 392, 397, 34
Law: Sindh Arms Act, 2013
Section: 23(1)(a)
Law: Criminal Procedure Code, 1898
Section: 382-B
Summary
The appellants Waqar alias Abdul Waqar and Altaf Hussain were convicted by the trial court under Section 397, PPC for committing an armed robbery and were sentenced to 7 years of rigorous imprisonment, with the benefit of Section 382-B, Cr.P.C.
The case originated when the complainant, Malwin, reported that two unknown young men on a motorcycle snatched his Samsung A04 mobile phone at gunpoint in Clifton, Karachi. Later, the accused were arrested in another arms case (FIR Nos. 496/2023 and 497/2023 under Section 23(1)(a) Sindh Arms Act), and the stolen phone was recovered from them.
During appeal, the defense argued that Section 397 PPC (robbery with attempt to cause death or grievous hurt) did not apply since no injury or violence occurred; thus, the case should fall under Section 392 PPC (simple robbery). The D.P.G agreed, admitting that the ingredients of Section 397 were not made out.