Law: Pakistan Penal Code, 1860

Section: 511,377

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 511 377--Conviction and sentence--Challenge to--Attempt to commit sodomy--Quantum of sentence--Modification in sentence--Complainant was real mother and PW-2 was father of victim boy and they absolutely had no reason to falsely involve appellant in this case--They made consistent statements before learned trial Court regarding mode of and manner of occurrence and had categorically raised their accusing fingers towards none else but appellant without any hesitation and doubt--Nothing inconsistent or major discrepancy has been found in deposition of both eye-witnesses--Consistent and straight forwardness of statements of both eye-witnesses had not only inspired confidence of learned trial Court but also has impressed this Court--During cross-examination, defence could not extract any favourable material from their mouth with regard to time, place, mode and manner of occurrence--There is nothing in rebuttal to discard testimony of eye-witnesses without any cogent reason and no enmity has been brought on record by defence for his false implication or substitution ii this case, which is a rare phenomenon in such like cases was tried by Juvenile Court established under Juvenile Justice System Ordinance, 2000 being under 18-years of age, he was arrested and since then he is behind bars for a continuous period of about 2 ½ years and he is about to serve out his total sentence, which has served very purpose of his prosecution and also meets ends of justice--So, it appropriate to maintain conviction of appellant with modification of his imprisonment to sentence already undergone--Appeal was dismissed.[P. 115] A, B C Ch. Tariq Hussain Maikan, Advocate for Appellant. Miss Nuzhat Bashir, Deputy Prosecutor General for State. Rana Abdul Sattar Khan, Advocate for Complainant. hearing date: 10.6.2021. JUDGMENT Through this criminal appeal under Section 410, Cr.P.C., appellant Muhammad Zohaib Shahid has challenged the vires of judgment dated 15.07.2019 passed by the learned Sessions Judge/Judge Juvenile Court, Toba Tek Singh in case FIRNo. 677/18 dated 18.12.2018, in respect of offences under Sections 377511, PPC, registered at…

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