Law:

Section:

(a) Penal Code (XLV of 1860)- --S. 377-Sodomy-Peeetratfon-Chemical examination of anal swabs-Not the only manner of proving penetration-Evidence of medical witness positive on point of sodomy having been committed, witness mentioning extent of anal injury sustained by victim, and such statement not challenged in cross-examination ­No reason, held, to doubt correctness of opinion of medical expert.­[Sodomy]. (b) Evidence Act (I of 1972)--- -- S. 1 l8-Child witness-Section 118 does not prescribe any set of questions to be put to test sensibility of child witness--Court has merely to be satisfied as to child witness being capable of giving rational answers to questions put to him-Trial Court putting certain questions to boy to ascertain place where be was being examined and nature of employment of his father and his answers satisfying trial Magistrate with regard to witness being capable of giving rational answers, no reason, held, to go behind Magistrate's opinion.-[Child witness]. (c) Penal Code (XLV of 1860)- ----S. 377-Sodomy-Sentence-Assessment of appropriate quantum of sentence necessary to meet ends of justice-Primarily for trial Court, or appellate and revisional Courts to determine-Supreme Court would not normally interfere with legal sentence.--(Sentence]. ORDER ANWARUL HAQ, J. -The petitioner, Ameer Umar, was convicted by a learned Magistrate at Mianwali under section 377, P. P. C., and sentenced to undergo rigorous imprisonment for a year and a half. The conviction as well as the sentence have been upheld in appeal and revision by the Sessions Court and the Lahore High Court respectively. The petitions: now seeks leave to appeal. It was alleged against the petitioner that on 27-9-1973, be had taken away the minor boy Muhammad Khan (r. W. 4), aged between 8 to ten years, when he was playing with some other children, and committed sodomy on him near a place called the Chashma. The playmates of Muhammad Khan informed his mother Mst. Noon Bhari (P. W. 3). and she rushed towards the Chashma and saw the petitioner committing the act on her son. On seeing Mst. Noon Bhari the petitioner ran away from the spot. Mo. Noon Bhari informed her husband Ahmad Khan (P.…

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