Case Details

Citation(s)
1988 SLG 2805 1988 SLD 2805 1988 SCMR 1847
Supreme Court of Pakistan
Criminal Petition No. 48-R of 1988, decided on .4th July, 1988. (Against the judgment and order of the Lahore High Court, Rawalpindi Bench, Dated 20-3-1988 in Criminal Appeal No. 96 of 1987): Date of hearing: 4th July, 1988.
MUHAMMAD AFZAL ZULLAH AND ALI HUSSAIN QAZILBASH, JJ

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MOGHIS ASGHAR

VS

THE STATE--Respondent

Law: Penal Code (XLV of 1860)

Section: 377

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--   ---S.377--Constitution of Pakistan (1973), Art. 185(3)--Sentence-­Mitigating circumstance--College student aged 18 years committing sodomy on boy of 9 years found guilty and awarded 10 years rigorous imprisonment--On appeal sentence reduced to 4 years--Order impugned--Plea for further reduction in sentence on ground of age and his being a college student, repelled--Petitioner having already been shown more t4an necessary leniency in reduction of sentence from 10 years to 4 years R.I. by High Court, leave to appeal refused.--[Age--Sentence]. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a convict for an offence under section 377, P.P.C. against dismissal of his appeal, with modification of sentence, by the High Court. The case against the petitioner aged more than 18 years is that he committed sodomy on a boy of 9 years of age. It was supported at the trial, by the victim and two other eye-witnesses. There is also…
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