Law:

Section:

Offence of Zina (Enforcement of Hudood) Ordinance, 1979 (VII of 1979-- ----S. 12--Pakistan Penal Code, 1860, Ss. 377 & 302(b)--Conviction and sentence--Challenge to--Absence of cogent reasons--Appreciation of evidence--Commission of un-natural offence with a victim of tender age--Testimony of doctor as PW--It was customary for the victim child to go to appellants house to play--Removal of a child, intention of the permission of guardian, when the intention of kidnapper was criminal is not covered by the mischief of the offence of kidnapping--The words "without the consent of such guardian" as use in Section 361 of Pakistan Penal Code should not be misconstrued because u/S. 90 ibid a consent given under misconception is no consent intended by any section of the Code--Consent proceed from will--Could it be said that the father of victim in this case had given his consent permitting his minor son to accompany the two adults for satisfaction of their sexual lust--Can it not be said that permission in fact was given under the mistaken belief that the two guests were returning the Courtesy to the complainant by giving a treat of guava to his minor son?--Misconception of fact can in no way be termed as consent--Misrepresentation of facts, covering evil intentions by sweet gestures, falls in the category of fraud and chicanery--Securing consent through misrepresentation is no consent in the eyes of law--Consent given under misconception cannot be used as valid defence by the appellants--Oral testimony of complainant has been corroborated by medical report as well as the report of chemical Examiner--Evidence had been appreciated in proper perspective--Absence of cogent reasons it is not possible to set aside the convictions and sentences--Appeal dismissed. THIS JUDGMENT DELIVERED BY: AGHA RAFIQ AHMED KHAN, CJ.- Appellants Aas Muhammad and Muhammad Irfan have through two separate appeals registered as Jail Criminal Appeal No. 81/I of 2006 and Jail Criminal Appeal No. 35/I of 2008 challenged two judgments dated 06.04.2006 delivered by learned Additional Sessions Judge Chunian, District Kasur. Jail Criminal Appeal No, 35/I of 2008 arises out of Sessions Case No. 13 of…

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