Law:

Section:

Penal Code (XLV of 1860)-----S.377/34---Constitution of Pakistan (1973), Art.185(3)---Evidence, appreciation of---Victim had categorically stated that the accused committed act of sodomy on him---Statement was supported by medical evidence---Record not showing that victim had falsely implicated accused---Plea of protracted trial was of no avail as accused had already been given the benefit of reduction of sentence---Petition for leave to appeal dismissed. ORDER JAVID IQBAL, J.--This petition for leave to appeal is directed against the judgment of the Lahore High Court, Multan Bench, Multan, dated 28th March, 1989 whereby appeal of the petitioner was dismissed. Briefly the facts are that the petitioner alongwith two others namely Zafar and Muhammad Sharif was tried for an offence under section 377/34, P.P.C. and vide judgment dated 30th April, 1978 of the Magistrate Section 30, Multan the petitioner and his two co-accused were convicted. The petitioner and Zafar co-accused were sentenced to five years' R.I. plus fine whereas Muhammad Sharif co-accused were sentenced to two years' R.I. plus fine. On appeal Muhammad Sharif co-accused was acquitted whereas conviction of the petitioner and Zafar co-accused was upheld but the sentence of imprisonment awarded to them was reduced from five years' R.I. to four years' R.I. The sentence of the fine was however maintained. Only the petitioner has filed the present petition. The victim in this case is Masood Sultan aged 14/15 years. The occurrence took place on 26th September, 1977 at about 7-30 p.m. in a field. The F.I.R. was lodged on the following day by the victim himself. The petitioner and his co-accused were apprehended at the spot by the P.Ws. and produced before the police at the time of the lodging of the F.I.R. According to the medical evidence the unnatural offence had…

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