ASGHAR ALI Versus THE STATE Sarfraz Hussain , Altaf Muhammad Khan for A.-G. Pb. for the State.

Asghar Ali appellant was convicted, along-with his co-accused Faryad Ali, for an offence punishable under section 377, P.P.C. and each one of these two convicts was sentenced to suffer five years' R.I. and to pay a fine of Rs.2,000 or to suffer six months' R.I. each in default of payment of the said fine. Benefit of the provisions of section 382-B, Cr.P.C. was also allowed to both these convicts.

2. Faryad Ali appears not to have filed any appeal, since by the time of his conviction, he had almost suffered the entire sentence of imprisonment imposed on him because he was never admitted to bail during the pendency of the trial against him.

3. The learned counsel for the appellant has elected, at the very outset; not to contest the conviction recorded against Asghar appellant and has instead prayed that the quantam of sentence awarded to him be reduced.

4. Submits that Asghar Ali appellant is a young boy who has already remained in jail for more than one and a half years. Adds that the commission of offence in question was no more than an act of mere juvenile delinquency and the appellant has no previous criminal record. Further submits that the occurrence in question is by now a forgotten affair and the punishment already suffered by the appellant is sufficient to serve the ends of justice.

5. The submissions made by the learned counsel for the appellant have force.

6. Consequently, the conviction of Asghar Ali appellant recorded under section 377, P.P.C. is maintained but the sentence of five years' R.I. imposed on l him is reduced to the term of imprisonment already undergone by him.

7. The parents of Asghar Ali appellant are present in Court. His father states that he was a cobbler but on account of extremely weak eyesight he is not capable of doing any labour any more and lives primarily on charity. His mother is present in Court, is paralysed and cannot even walk.

8. In view of this financial status of the family, the sentence of fine of Rs.2,000 imposed on the appellant is also remitted.

9. The appellant shall be released forthwith if not required to be detained in any other case.

10. This appeal stands disposed of in the above terms.

SA./A-1291/L Order accordingly.