Law: Penal Code (XLV of 1860)

Section: 377

Penal Code (XLV of 1860)--- ----S. 377---Unnatural offence---Appreciation of evidence---Benefit of doubt---Inordinate delay in lodging the F.I.R. had neither been explained by the victim complainant in the F.I.R. nor in his statement---Complainant, eye-witnesses and the Investigating Officer had contradicted each other regarding the place of incident, where the victim was subjected to sodomy by the accused---Accused could not be expected to commit sodomy with the complainant at a place adjacent to the rooms where several members of their families resided and were present---Victim and the witnesses had not disclosed the incident to any person in the neighbourhood or even in the village---Prime witness, owner of the hotel, from where the victim had allegedly been taken away by the accused, was neither examined by the Investigating Officer, nor shown as a witness in the challan---Investigating Officer though duty bound in this regard had not obtained the semen of the accused through Medical Officer and sent the same to the Laboratory for group matching, benefit of which would go to the accused---Accused were given the benefit of doubt and acquitted in circumstances. Waqar-ul-Islam and another v. The State 1997 PCr.LJ 1107 ref. JUDGMENT AGHA RAFIQ AHMED KHAN, C.J.---Through this appeal, appellants Jehangir and Munazir have challenged judgment dated 1-10-2009 delivered by ‘learned Additional Sessions Judge, Bhalwal, whereby the appellants were convicted under section 377 of the Pakistan Penal Code and sentenced to 10 years’ R.I, each, with fine of Rs.5000 each, in default whereof, to further undergo three months’ simple imprisonment, each. However, both the convicts/appellants were granted benefit of section 382-B, Cr.P.C. 2. Brief facts of the case arisen out of F.I.R. No.598 of 2006 dated 27-9-2006 registered under sections 377, P.P.C. and 12 Offence of Zina (Enforcement of Hudood) Ordinance VII of 1979 at Police Station Kotmomin, District Sargodha, as narrated by the victim/complainant Qaisar Abbas P.W.3, are that on 26-9-2006 he was sitting at the hotel of one Nasar Pauly at evening time. Accused Jehangir and Manazir came there and asked him that they had to…

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