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Keywords: Testimony, Evidence, Place, High Court, Trial Court, Examination, Proceedings, Determination, Investigation, Possession, Defence, Prosecution, Defence Witness, Guilty, Custody, Order, Inter Se, Liability Result: Appeal allowed JUDGMENT Imdadally H. Agha, J.-This is an acquittal appeal filed by the State against the judgment of the learned A. C. M. No. X, Karachi (Mr. Ahmedullah) dated 5th of July 1966, whereby the respondent Juma was acquitted of an offence under section 377, P. P. C. The date of occurrence is said to be the 14th of August 1965, and the time was 2 a.m. 2. The relevant facts are these. The victim of the alleged sodomy is the boy complainant Shah Jehan (P. W. 1) aged about 14 years. On the date of occurrence at 2 a.m. the complainant Shah Jehan was attending an entertainment function of one Ghulain Hussain in connection with his marriage at Haji Ismail Road. The respondent Jumo was sitting close to him at a distance of about 2-3 paces. The complainant knew his brother. The respondent asked the complainant to bring cigarettes but he refused to go and asked his cousin to bring them. The respondent, however, asked the complainant that he should himself go as he was his neighbour and so the complainant left the function and went. The respondent had given him Re. 1 to bring Red & White Cigarettes. When the complainant had gone at a distance of about I0O paces he was caught hold of by the respondent from the back side in the darkness and the respondent lifted him by the legs taking him to Sakina Lane by dragging. There the respondent asked the complainant to take off his pants but the latter refused to do so. The respondent then forcibly took off the pants of the complainant and laid him down on the ground and committed sodomy upon him. The complainant raised cries but since there was darkness, nobody came there. The respondent then asked the complainant to keep quite and that if he made noise he (respondent) would stab him with knife. Thereafter the complainant started coming back to the place of function and the respondent was also following behind him. When they came out of the lane the complainant met bis maternal uncle Muhammad…

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