Law: Penal Code (XLV of 1860)

Section: 377, 393

(a) Penal Code (XLV of 1860), ---S. 377--Unnatural offence Nothing on record showing any of prosecution witnesses` having reason to falsely implicate accused and their statements also corroborated by medical evidence as well as Chemical Examiner's report-Defence version as to substitution of accused in place of real culprit disbelieved-Prosecution, held, successfully established guilt of accused--Appeal dismissed in circumstances. (b) Criminal Procedure Code (V of 1898), ----S. 393 read with Whipping Act (IV of 1909), S. 4(a) & (b)--Sentence, enhancement or--Accused acting in cruel manner by committing carnal inter course with a boy of tender age-Deterrent sentence called for Accused awarded fire stripes in addition to sentence.   JUDGMENT Nemat Ali alias, Tuli, appellant, aged 23 years, resident of Chak No. 27/2. L., Tahsil Okara, District Sahiwal, was con victed under section 377, P. P. C. and sentenced to five years' rigorous imprisonment with a fine of Rs. 50.00 or in default to further undergo rigorous imprisonment for six months for having carnal intercourse, against the order of nature, with a boy aged nine years by a Magistrate lst Class with section 30 powers, Okara. The appellant, against his conviction and sentence, has preferred this appeal. When this appeal came up for hearing I issued notice to the appellant (Criminal Revision No. 1423 of 1967) to show cause why his sentence should not be enhanced. Now both the appeal and the revision will be disposed of together by this order. 2. The facts of the case briefly stated are that on 10th June 1:965, at about 1 p.m., Nazir (P. W. 1), aged about nine years, resident of Chak No. 27/2-L., went to the tube well of Ibrahim to take bath, and saw his classmates, Muhammad Azim (P. W. 5) and Sabir (P. W. 6), sitting under a Shisham tree nearby. The said tubewell is about four killas away from the village. The tubewell was not working at that time, but there was enough water in the tank (hauz). All these three boys started taking bath in that tank. The appellant, whose dhari is close by, came there and asked the boys as to why they had passed through his cotton field. He, thereafter, caught hold…