Law:

Section:

Penal Code (XLV of 1860)---S. 377---Constitution of Pakistan (1973), Art.203F(2B)---Testimony of the victim and the evidence of his brother and father had been supported by the medical evidence and the Chemical Examiner's Report---Accused could not even remotely suggest to any of the witnesses the reasons which prevailed in substituting him for the real culprit---Concurrent assessment of evidence by the two Courts below did not call for any interference--­Leave to appeal was refused to accused by Supreme Court accordingly. ORDER This petition calls in question the legality of the impugned judgment of the learned Federal Shariat Court; whereby, the conviction of the petitioner under section 377, P.P.C. was maintained but the sentence was reduced from ten years to seven years. The learned counsel referred to page 37 of the paper book and argued that the learned trial Judge has observed "but the incident was unwitnessed, therefore, accused is convicted and sentenced as Tazir under section 377, P.P.C." and on that basis submitted that the trial Court has in fact held the petitioner not guilty. This argument is misconceived and it appears that the learned counsel is oblivious of the fact that the learned trial Judge in the earlier part of his judgment has observed: "It is established beyond any shadow of doubt that victim Khalid Shah was subjected to unnatural offence at the relevant time. The testimony of the victim Khalid Shah has been corroborated by the other P.Ws. and the medical evidence complied with the report of chemical examiner, is sufficient to believe the commission of alleged offence against accused Allah Yar. In view of the above I am satisfied that accused has committed the alleged offence, therefore, Point No. l is decided in affirmative." The learned counsel next submitted that the appeal was competent before…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492