Law: Penal Code (XLV of 1860)

Section: 377

Penal Code (XLV of 1860)-------S. 377---Unnatural offence---Appreciation of evidence---Compromise---No forensic report on record---Accused was charged for committing unnatural offence with the son of complainant---Trial Court convicted the accused and awarded him a three years sentence---Appeal was filed by the accused but was dismissed--Complainant, who was father of victim boy, was present before the Court on 28.08.2019 and stated that due to intervention of elders of their community, he had forgiven the accused and raised no objection for his acquittal by way of compromise as he did not want to pursue the case anymore or to prosecute the accused---With regard to prosecution's contention that the offence with which accused stood charged was not compoundable, the complainant, who was father of victim boy had stated before the Court regarding the compromise, thus had extended his no objection for allowing present revision application---Moreover, no offence was committed except alleged attempt---Sperm was found available upon the clothes of the victim, which were not sent to laboratory for DNA testing nor such report was made available with regard to matching of the same with DNA of accused---In absence of DNA report, remaining prosecution evidence, which was imaginary and had not been corroborated with any substantive material except allegation of attempt and in view of settlement of the parties outside the Court, prosecution evidence could not be used for maintaining conviction against the accused---Criminal Revision Application was allowed by setting aside impugned judgments passed by Trial Court and Appellate Court.Aamir and 2 others v. The State and another 2011 MLD 1468 and Ashique Solangi and another v. The State PLD 2008 Karachi 420 rel.JUDGMENTMUHAMMAD SALEEM JESSAR, J.---Through instant Criminal Revision Application, applicant Muhammad Shayan has assailed the judgment dated 10.09.2018 passed by learned Additional Sessions Judge-VIII, Karachi (West) in Criminal Appeal No.15/2018 whereby he maintained the conviction of the applicant vide judgment dated 19.05.2018 passed by learned Vth Civil Judge and Judicial Magistrate, Karachi (West), in Criminal Case…

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