Law: Penal Code (XLV of 1860)

Section: 367-A,377

Penal Code (XLV of 1860)---.--- ---.---Ss. 367-A & 377---.---Kidnapping or abducting in order to subject a person to unnatural lust, unnatural offences---.---Appreciation of evidence---.---Statement of witness was highly doubtful---.---Solitary statement of victim was not corroborated by any other evidence---.---Inordinate delay in registration of F.I.R. remained unexplained---.---Prosecution could not prove its case beyond doubt---.---Appeal was allowed and conviction and sentence of the accused was set aside. THIS ORDER PASSED BY: CH. MUHAMMAD TARIQ, JUSTICE:---.--- This criminal appeal has been directed against the judgment dated 13-4-2010 passed by Additional Sessions Judge Attock in case F.I.R. No. 76, dated 26-5-2009, for the offences under sections 367-A/377, P.P.C., registered with Police Station Bahtar, District Attock. 2. Brief facts of the case are that on 23-5-2009 at 2-00 p.m. when Shahid Mahmood victim (the son of the complainant) after school hours was coming back to his home, the appellant-accused met him on the way and took him inside the school forcibly and committed sodomy with him. On hearing the noise of the child, one Asad Ali son of Muhammad Suleman rushed to the site, the accused was apprehended and as a result whereof, the instant criminal case was lodged against the appellant accused. On receipt of challan in the court, copies of the statement of the witnesses under section 161, Cr.P.C. were supplied to the appellant-accused. The formal charge was framed against the appellant-accused to which he pleaded not guilty and claimed trial. 3. After conclusion of prosecution evidence, the learned Additional Sessions Judge, Attock Camp at Fateh Jang convicted and sentenced the appellant under sections 367-A/377, P.P.C. to 5 years' R.I. with fine of Rs.20,000 and in default of payment of fine, to further undergo six months' S.I. All the sentences were ordered to run concurrently and the benefit of section 382-B, Cr.P.C. was also extended to the appellant-accused. 4. Learned counsel for the petitioner contends that the appellant-accused is innocent, he has not committed any offence and no case is made out against the appellant-accused. He…

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