Law:

Section:

Penal Code (XLV of 1860)---S. 354---Assault or criminal force to woman with intent to outrage her modesty---Appreciation of evidence---Victim, a school girl---Delay in lodging the F.I.R. had been fully explained---Incident was immediately reported to the Headmistress of the School---Victim had given full account of the incident by stating that accused forcibly untied the string of her shalwar; and tried to commit zina-bil-jabr with her---On her hue and cry, her mother reached there and therafter accused ran away---Defence plea taken by accused did not appeal to prudent mind---Accused was rightly convicted and sentenced by the Trial Court---Appeal filed by accused having no force, was dismissed---Sentence awarded to accused, was reduced from two years' rigorous imprisonment to one year's rigorous imprisonment with payment of fine of Rs.5,000---Benefit of S.382-B, Cr.P.C., already extended to accused, would remain intact. JUDGMENT AGHA RAFIQ AHMED KHAN, C.J.---Through the instant criminal appeal, the appellant/accused Anser Pervaiz son of Nazir Ahmad has impugned the judgment dated 10-10-2008, whereby the learned Additional Sessions Judge, Karor, District Layyah has convicted the appellant under section 354, P.P.C. and sentenced him to undergo two years' rigorous imprisonment and to pay a fine of Rs.5,000, or in default thereof to further undergo simple imprisonment for one month. The benefit of section 382-B, Cr.P.C. has been extended to the appellant. 2. Briefly the prosecution case as narrated by the complainant Ghulam Ali (P.W.4) in the complaint (Exh.PA/1) is that on 21-12-2004 at 8-30 a.m. his daughter Mst. Parveen, victim (P.W.2), reached in Government Girls Primary School, Dera Langrial Chak No.116-C/TDA. When she, being student of 2nd class, entered the class no other student or staff member of the school had reached there. According to the complainant, house of Anser Pervaiz, appellant/accused was adjacent to the said Government Girls Primary School. On seeing the victim alone, the appellant/accused entered the school and caught hold of her breasts and also started teasing her. Meanwhile, Mst. Mehtab alias Mato Mai (P.W.3) wife of the complainant…

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