MUHAMMAD RAMZAN Versus THE STATE

Muhammad Ramzan petitioner was tried by Assistant Commissioner/M.S.30 Bahawalnagar under section 377, P.P.C. on the charge of sodomy with Abdul Hameed complainant.

2. To prove its case, the prosecution produced seven witnesses. The petitioner denied all the incriminating circumstances in his statement under section 342, Cr.P.C. He produced two witnesses in defence. The trial Court convicted him under section 377, P.P.C. and sentenced him to one year R.1 and a fine of Rs.500 in default thereof to further R.I. for three months.

3. The petitioner filed appeal against the conviction and sentence. The complainant also filed revision for the enhancement of sentence. Learned Additional Sessions Judge while dismissing the appeal of the petitioner, enhanced the sentence from one year R.1. to 5 years' R.1. and a fine of Rs.2,000 in default thereof to further R.I. for six months.

4. Learned counsel for the petitioner submits that the sentence awarded by the learned Additional Sessions Judge is harsh and excessive. Learned counsel for the State has supported the judgment of the learned Additional Sessions Judge.

5. I have considered the question of sentence with care. The occurrence took place in the year 1982 and the petitioner has undergone agony of criminal trial; his appeal was dismissed in the year 1984; that he was 13/14 years of age at the time of occurrence and that he was awarded one year R.I. and a fine of Rs.500 by the trial Court, so the sentence of five years' R.I. is reduced to two years' R.I. The fine of Rs.2,000 and the sentence in default thereof is maintained. The petitioner will surrender himself before the Assistant Commissioner, Bahawalnagar within seven days from today. On his failure to do so, the learned Assistant Commissioner will get him arrested and sent to jail to serve the sentence.

SA./M‑937/L Sentence reduced.