MUZAMMIL HUSSAIN Versus State

ORDER

MUHAMMAD AMJAD RAFIQ, J.--- Through the instant petition, the petitioner seeks suspension of sentence awarded to him by the learned Judl. Magistrate Section 30, Kabirwala vide judgment dated 08.02.2020 in case FIR No.230 dated 15.7.2018 registered at Police Station Saddar Kabirwala, he was convicted under section 377, P.P.C. and sentenced to rigorous imprisonment for seven years. Feeling aggrieved from the above said judgment, the petitioner has assailed the above said conviction before the learned Additional Sessions Judge, Kabirwala who vide judgment dated 04.1.2021 dismissed the appeal of petitioner and maintained his sentence.

2. Heard. Record perused.

3. Occurrence was committed on 13.7.2018 at 11:45 a.m. and medical was conducted on 15.7.2018 after two days of the occurrence. The magistrate has not given any observation about the medical of the victim; it is not clear that the injuries otherwise were available in the medical report. Similarly, learned Additional Sessions Judge though in para No.16 of the judgment has referred the examination of injured by PW.4 yet description of injury is not mentioned nor exhibit of MLC is mentioned. No seminal material was detected from the anal swabs which shakes the prosecution case that as to whether sole testimony of victim was consistent or coherent. Therefore, apparently, a doubt cast on medical evidence coupled with sole testimony of victim and negative PFSA report make the case of petitioner one of suspension of sentence. The petitioner was convicted firstly on 08.2.2020 by the learned Magistrate and his conviction and sentence was maintained by the learned Additional Sessions Judge on 04.01.2021. He has already served out a sufficient period as under trial prisoner and later as convicted prisoner. His accumulative incarceration is about one and half year. During trial he remained on bail and had not misused the same. Report regarding health condition of the petitioner was received from Medical Officer District J ail, Khanewal who diagnosed lumbosacral pain radiating to B/L legs, Numbness and Paresthesia. The symptomatic treatment is being provided to the said convicted prisoner by the advice of Dr. Asad Iqbal Pasha Orthopedic Surgeon DHQ Hospital Khanewal but his pain is still on and off. This revision relates to the year, 2021 and keeping in view the heavy backlog, there is no likelihood of its early hearing in near future. Resultantly, this petition is allowed and sentence of the petitioner is suspended subject to furnishing bail bond in the sum of Rs.1,00,000/-(one lac) with one surety in the like amount to the satisfaction of Deputy Registrar (Judl.) of this Bench, however, the petitioner shall remain incessant on each and every date of hearing till the decision of main criminal revision.

JK/M-147/L Sentence suspended.