Law:

Section:

Probation of Offenders Ordinance (XLV of 1960) S. 5----Sentence-Accused guilty of rape not more than 13 years of age at time of occurrence-Inadvisable on part of Courts to lodge them in ordinary jail-Aid of S. 5, Probation of Offenders Ordinance, 1960, held, could be properly invoked in circumstances-Accused put on probation. Date of hearing : 18th June 1969.   JUDGMENT Muhammad Jamil (13) and Nazir (13), residents of Jalalpur Bhattian, were sent. up for trial under sections 366 and 376, P. P. C. to the Court of S. A. Zulqarnain, P. C. S., Sub-Divisional Magistrate. Hafizabad. He found both of them guilty under section 366, P. P. C., and sentenced them to undergo R. I. for a period of 11 years. He held Nazir guilty under section 376, P. P. C. and sentenced him to suffer R. I. for a period of two years. Muhammad Jamil was found guilty under section 376/109, P. P. C. and sentenced him to suffer 1 years R. I. The sentences under both the counts were ordered to run concurrently. In addition they were awarded five stripes each. On appeal, the learned Additional Sessions Judge, Lahore at Gujranwala, rejected their appeal in toto. This is a revision petition. 2. The circumstances which led to this trial are these. On 10th May 1967, Mst. Parveen Akhtar, a girl of 9/10 years, was playing in front of her house. Both the accused came there. Muhammad Jamil accused caught hold of her by her arms while Nazir accused gagged her. They carried her to the house of Muhammad Jamil which is in close proximity to her house. She was taken to a room and put on a cot. Nazir accused removed her trousers while Muhammad Jamil caught hold of her. Thereafter, Nazir committed rape on her. Both the accused threatened her not to raise alarm. The cries of the girl attracted Muhammad Yousaf, Hadi Hassan and Qamar Ali P. Ws. to the scene of occurrence. Seeing them the accused decamped. They saw Mst. Parveen Akhtar in a pitiable condition. She was lying on the floor and her shalwar had been removed up to her ankles. Mst. Parveen Akhtar apprised them of the incident. On the day of the incident her father, Wazir Ali, was absent. He took Mst. Parveen Akhtar to Police Station Jalalpur Bhattian…