Law: Pakistan Penal Code, 1860

Section: 377

Penal Code (XLV of 1860)--- ----S. 377--Unnatural offence---Appreciation of evidence---Sentence, reduction in---Victim/complainant in his F.I.R. had directly charged accused for committing sodomy on his person---Said averments were also put forth before the Trial Court being a victim of unnatural offence of tender age of 8/9 years and his veracity had not been shattered by the defence in cross-examination, and his statement was found consistent throughout---Deposition of the victim could not be thrown out just because he was a solitary witness and had lodged the report at some belated stage---Whatever the victim had stated in the F.I.R. had been endorsed by him in the court without any exaggeration or discrepancy in the same---Trial Court, in circumstances, had rightly believed the statement of victim for sustaining the conviction of accused-Semen on the swabs were found to be that of accused and had honestly been taken by the doctor from the inner side of the anal canal of the victim, which fully proved that penetration had taken place which established the offence of carnal intercourse---Case against the accused was established on the basis of medical report supported by Chemical Examiner's report---Offence committed by accused was of moral turpitude and an offence against 'the society most particularly shameful to the victim's family---Conviction and sentence awarded against accused was somewhat harsh while keeping in view the poor financial position and lifestyle not only of accused, but of the complainant also---Sentence of seven years' R.I. awarded to accused was reduced to four years' R.I. and amount of compensation was also reduced from Rs.30,000 to Rs.20, 000. 1996 SCMR 53; 1997 PCr.LJ 1107; 2009 SCMR 230 and 2005 PCr.LJ 617 ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD SAFDAR KHAN SIKANDRI, J.- Convict appellant Ehsanullah faced the trial in the Court of Additional Sessions Judge-IV, D.I. Khan in case F.I.R. No.79 dated 29-6-2007 registered under section 377, P.P.C. in Police Station Chaudhwan, District D.I. Khan and on conclusion of the trial, he was convicted under section 377, P.P.C. and sentenced seven years' R.I. with fine of Rs.30,000 as…

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