Law: Penal Code (XLV of 1860)

Section: 377, 511

(a) Penal Code (XLV of 1860), -----S. 377/511-Attempt to commit sodomy-Accused failing to effect penetration-Could be guilty of an attempt to commit sodomy--Maazullah v. State P L D 1961 Pesh. 7 and Meharban Nowshirwan Irani v. Emperor A I R 1934 Sind 206 dissented from] Maazullah v. State P L D 1961 Pesh. 7 and Meharban Nowshirwan Irani v. Emperor A I R 1934 Sind 206 dissented from. Asgarali Pradharia v. Emperor I L R 61 Cal. 54; Muhammad Ali and another v. The State P L D 1961 Dacca 447; Muhammad Ayyub v. Tire State P L D 1959 Lad., 623 ,arid Veharban Nowshirwan Irani v. Emperor. A I R 1934 Bind ref. (b) Penal Code (XLV of 1860), ---S. 511-Attempt to commit an offence-What constitutes an "attempt"-Test. The law as to what amounts to an attempt is of necessity vague. To constitute an attempt the act must be clearly con nected with the actual commission of the offence, but no distinct line can be drawn. No abstract test can be given for determin ing whether an act, is sufficiently proximate to bean attempt. To constitute an attempt there must be evidence of some overt act. The attempt is complete if the accused does an act which is a step towards the commission of the specific crime which is immediately and not merely remotely connected with the commis sion of it, and the doing of which cannot reasonably be regarded as having any other purpose than the commission of the specific crime. Digest of the Criminal Law by Stephen, 7th Edn, Art. .67 and American and English Encyclopaedia of Law, 2nd Edn., Vol. III, p. 259 ref. (c) Penal Code (XLV of 1860), ----S. 377/511-Attempt to commit sodomy-- Sentence-Accused, a young man and not a previous convict-Sentence, of 2 years' R. I. reduced to 9 months already undergone by accused in jail. Date of hearing: 21st March 1969. JUDGMENT SHAUKAT ALI, J. -Ali Muhammad (20) was tried for an offence under section 377; P. P. C. by a Magistrate First Class, Lyallpur, who convicted him to suffer two years R. I., plus a fine of Rs. 600 or in default to undergo R. I. for a further period of six months. On appeal, the Additional Sessions Judge, Lyallpur, altered the conviction from one under section -377, P. P. C. to that…