Law:

Section:

Penal Code (XLV oaf 1860)-----S. 377/511--Constitution of Pakistan (1973), Art.203-F--Appraisal of evidence--Testimony of victim himself was not only convincing but also found support from other circumstantial evidence--Delay in lodging F.I.R. and medical examination was explainable--Doctor had found multiple bruises on the buttocks of the victim and reddening of the skin around his anus with a further abrasion on the "inner aspect of the left buttock" and Shalwar of the victim was found to have been stained with blood and semen both, which could be treated as a very strong negation of doctor's opinion that it was only a case of attempt-­Held, it might have been a fit case for conviction' under 5.377, P.P.C. and not under 5.377/511, P.P.C. in circumstances but since no appeal either against acquittal from charge under 5.377, P.P.C. or for enhancement of sentence was filed and features appearing in the case excluded the theory of false involvement of accused petitioner, there was no merit in petition for leave to appeal against conviction and sentence. ORDER MUHAMMAD AFZAL ZULLAH (CHAIRMAN).--Leave to appeal has been sought against the judgment of the Federal Shariat Court, whereby the petitioner's appeal against his conviction and sentence under section 377/511. P.P. C. was dismissed. The finding against the petitioner is that he made an attempt to commit sodomy with a boy Zia Qamar aged 7/8 years. Both the learned Courts below have on proper appraisal of evidence held the petitioner guilty. Learned counsel has pointed out that there was inordinate delay in the F.I.R.; that there was also considerable delay in the medical examination; that the petitioner has been acquitted of the charge of abducting the boy, he should not have been convicted for attempt at sodomy; that there is an established enmity between the father of Zia Qamar and the petitioner; and lastly, that the father of Zia Qamar as also his other close relations are in the Police and they have falsely implicated the petitioner. We having heard the learned counsel, at length, in support of the aforestated points have very carefully examined the main features of the case with reference to the…

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