MUHAMMAD ALTAF vs The STATE
This petition for leave to appeal arose from a criminal conviction under Section 377 of the Pakistan Penal Code 1860 for the offense of sodomy. The petitioner was initially convicted by a Sub-Divisional Magistrate and sentenced to six years of rigorous imprisonment and a fine, with compensation awarded to the complainant under Section 544-A of the Code of Criminal Procedure 1898. Upon appeal, the Peshawar High Court upheld the conviction but reduced the sentence of imprisonment to four years, while maintaining the fine and granting the benefit of Section 382-B of the Code of Criminal Procedure 1898 regarding the computation of the sentence. The petitioner challenged this decision before the Supreme Court of Pakistan. The Supreme Court, upon hearing the petitioner's counsel, found no substantial question of law or any error in the lower courts' judgments that would suggest a miscarriage of justice. Consequently, the Court dismissed the petition for leave to appeal, affirming that the lower courts had correctly adjudicated the matter without legal infirmity.
- Does the appellate court have the authority to reduce a sentence of imprisonment while maintaining a conviction under Section 377 of the Pakistan Penal Code 1860?
- Is the benefit of Section 382-B of the Code of Criminal Procedure 1898 applicable to sentences involving fines and imprisonment?
- Under what circumstances will the Supreme Court interfere with a concurrent finding of conviction by lower courts in a criminal matter?
- Section 377, Pakistan Penal Code 1860
- Section 544-A, Code of Criminal Procedure 1898
- Section 382-B, Code of Criminal Procedure 1898
ORDER
1. NASIM HASAN SHAH, J.-This petition for leave to appeal is directed against the judgment of a learned Single Judge of the Peshawar High Court passed in Criminal Appeal No. 4 of 1983 on 21-5- 1983.
2. The relevant facts are that Muhammad Altaf aged about 25/26 years of village Mamral, Tehsil Haripur was convicted by the Sub-Divisional Magistrate under section 377, P. P. C. For committing sodomy upon Muhammad Sadaqat aged 12/13 years and sentenced to 6 years' R. I. And a fine of Rs. 5,000 or in default to suffer further one year and 6 months' R. I. It was also directed that out of the fine, if realised, Rs. 4,000 was to be paid as compensation to the complainant under section 544-A of the Cr. P. C.
3. On appeal, the High Court upheld the conviction of the petitioner but reduced the sentence of imprisonment from 6 years' R. I. To 4 years' R. I. The sentence of fine, however, was maintained but be was allowed the benefit of section 382-g of the Cr. P. C. In the matter of computation of sentence. The petitioner still feeling dissatisfied has now moved this Court by this petition for leave to appeal.
4. We have heard Sh. Zaffar Mahmood in support of this petition at some length. However, be was unable to raise any substantial question of law or pointed out any error committed by the Courts below as may have occasioned any miscarriage of justice: