Law: Criminal Procedure Code, 1898

Section: 393(b)

Law: Penal Code (XLV of 1860)

Section: 377

(a) Criminal Procedure Code (V of 1898) S. 393 (b) read with Whipping Act (IV of 1909), S. 4 and Penal Code (XLV of 1860), S. 377  Whipping  Appellants' sentence exceeding five years' R. I. Sentence of whipping with such imprisonment, helot, illegal.[Whipping]. (b) Criminal Procedure Code (V of 1898) S. 382B and Penal Code (XLV of 1860), S. 377Period of detention in custody during trialAppellants sentenced to seven years after remaining in custody for one year and six months Considering period of such custody sentence reduced to five years' R. I.[Sentence]. Date of hearing : 22nd January, 1980.                                                                                                                   JUDGMENT The appellants were tried and convicted by Mr. Maqsood Pervez Khawaja Magistrate Section 30, Lahore under section 377, P. P. C. and were sentenced to 7 years' R I. and a fine of Rs. 500 each and in default of payment of fine to suffer further R. 1. for one year. They were also awarded 20 stripes each under section 4 of the Whipping Act The appellants were also directed to he kept in solitary confinement for a period of 2 months. The amount of fine on realization was to be paid as compensation to Abdul Rauf complainant. 2. Briefly stated the facts of the prosecution case are that on the evening of 10th November, 197.5. Muhammad Ramzan appellant asked Abdal Rauf complainant who worked at his shop as an apprentice to bring the welding rod from Muhammad Shafi appellant. The complainant accordingly went to the souse of Muhammad Shafi. The complainant was asked to stay for a while and was offered a cup of tea. In the meantime \4uhammad Ramzan and Akram appellants also reached there. Akram appellant threatened the complainant with a knife and forced him to submit himself to carnal intercourse against the order of nature which was .emitted by all the…