Law:

Section:

Whipping Act (IV of 1908), S. 4 and Penal Code (XLV of 1860), S. 377-Unnatural offence-Sentence- Words "induces any person by fear of bodily injury" in S. 4(b) of Act IV of 1908-Causing fear of bodily injury, essential condition for imposing sentence of whipping-Bare statement of victim that accused "frightened me" without mentioning in what way-Held, not enough for imposing a sentence of whipping. It is clear from the wording of the provision of section 4(b) of Whipping Act, 1908 that the causing of fear of bodily injury is an essential condition for the imposition of the sentence of whipping, and the fear must be caused at a stage prior to the commission of the unnatural offence itself, in order that it may compel or induce the victim to the unnatural offence. Unless this condition is satisfied, a sentence of whipping cannot be legally imposed in an offence of this kind. JUDGMENT HAMOODUR RAHMAN, C. J.-The appellant, who was at the relevant time a school teacher at the Primary School, Bank Street, Mianwali City, was tried by the Additional District Magistrate, Mianwali, on a charge under section 377 of the Pakistan Penal Code, for having had carnal intercourse against the order of nature with a minor boy, Javed Iqbal, aged 9 years, a student of the 4th class in that school. He was convicted on the aforesaid charge and sentenced to two years' rigorous imprisonment as also fifteen stripes under the provisions of section 4 of the Whipping Act, 1909. On appeal, the learned Sessions Judge, Mianwali maintained the conviction and the sentence of imprisonment but set aside the sentence of whipping. Against this order, the appellant came up in revision to the former High Court of West Pakistan, Lahore Seat. While admitting the revision, the High Court also issued a suo motu rule under section 439 of the Code of Criminal Procedure to show cause as to why the sentence should not be enhanced. After hearing the Revision and the rule, the High Court upheld the conviction of the petitioner; but, having regard to the abominable character of the crime committed by a school teacher on his own pupil, it enhanced the sentence of rigorous imprison­ment from two years to four…

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