Law:

Section:

Keywords: Evidence, Plea, Magistrate, Prosecution, Fine, Court Of Law, Disposed Of, Defence, Interference, Cross-Examination, Guilty, Chairman, Petitioner, Examination, Minutes, Disclose, Copy, Leave, Production JUDGMENT The two petitioners Mohammad Hanif son of Abdullah Pathan, and Mohammad Juman son of Buxan Patoli were found guilty by the Additional City Magistrate, Hyderabad, under section 377, P. P. C. and sentenced to undergo R. 1. for two years each, and also to pay fine of Rs. 100.00, or in default to undergo R. I. for three months more. The appeals of the convicts to the Sessions Court, Hyderabad, were dismissed, and they have approached this Court separately, by these two Revision Applications, which are being disposed of by this common judgment. 2. The facts according to the prosecution story, briefly stated, are that on 18-4-1968, Maqsood Ahmed, a young boy aged 11 years, residing at Matli came to Tando Mohammad Khan to take medicine from the Eye Specialist, Dr. Naseem, for his grand-mother whose eyes were operated upon a month ago. His uncle Siraj Shaikh, P. W. 2, resided at Tando Mohammad Khan, and he went to his house, and at about 5 p. m. went to the doctor for medicine. The doctor told him that he could not prescribe any medicine without seeing the patient. The boy, therefore, went to the Railway Station to take the train scheduled to leave at 7-00 a.m. and purchased a ticket for Matli. After the train came, he got into a ladies compartment. T?oon thereafter, two persons approached him and asked him to get down from the compartment as he had run away from his parent's house and was to be handed over to the police. The boy explained that their assertion was not true and they could inquire from his uncle who resided in Tando Mohammad Khan. They asked him to follow and took him to the house of Mohammad Juman appellant. What transpired inside the house may be stated in the words of the victim at the trial :- "Juma searched my person and made me naked. He took hold of my ticket also. Then Juma gagged my mouth with kerchief and made me to lie down on a cot with my face down. He held me by the arms, while black man, put his penis in my anus, It pained…

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