Law: Penal Code (XLV of 1860)

Section: 363/376

(a) Penal Code (XLV of 1860)--   ---S.363/376--Testimony of prosecutrix receiving support from chemical analysis report--View taken by two Courts below that testimony of victim was inherently reliable based on appreciation of evidence-­Medical evidence that victim was fourteen years of age on date of commission of offence not challenged by defence--Consent of victim, who had been proved to be minor, having no bearing on case-­Conviction and sentence maintained in circumstances.   (b) Penal Code (XLV of 1860)—   ---S.363/376--Sentence--Delay in trial--Accused already given sufficient benefit by High Court in reducing his sentence and giving him benefit of S.382-B, Cr.P. C.--Case diary not placed on record to show that delay in trial Court was not due to accused himself-­Contention that in view of long delay in disposal of case, accused was entitled to benefit of his sentence to be reduced to one already undergone, repelled.--[Sentence].   ORDER ZAFFAR HUSSAIN MIRZA, J.--The petitioner was tried and convicted by the learned 1st Additional Sessions Judge, Karachi, under sections 363 and 376, P.P.C. in respect of an occurrence which took place on the night of 18th February, 1973. He was awarded a sentence of R.I. for 3 years under the first count and a sentence of R.I. for 7 years under the second count besides fine and imprisonment in default of the payment thereof. In an appeal filed by the petitioner a learned Judge of the Sind High Court maintained the convictions of the petitioner, but on the ground that he had been facing litigation in connection with the charges for a period of 11 years, the learned Judge reduced his sentence under section 376 P.P.C. from 7 years to 3 years and also gave him the benefit of section 382-B, Cr.P.C., vide judgment, dated 28th June, 1987. 2. In support of this petition for leave to appeal from the judgment of the High Court the main contention raised by the learned counsel was that as the medical evidence disclosed that the victim Mst. Alam Ara was used to sexual…

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