Muhammad Rafique Versus State Shahid Rafique Mayo

Order

Muhammad Rafique (appellant) being complainant in case FIR No. 1243 dated 05.10.2023 offence under Sections 376/511, P.P.C registered at Police Station Khudian District Kasur was tried separately by learned Addl. Sessions Judge/Anti-Rape Court, Kasur and vide order/judgment dated 17.03.2025 passed by learned trial Court, the appellant has been convicted under Section 22(2) of Anti-Rape Act and sentenced to imprisonment for three years with fine of Rs.100,000/- and in default whereof, to further undergo two months simple imprisonment.

2. We have heard the learned counsel for the appellant as well as learned Law Officers and perused the record.

3. At the very outset, the learned counsel for the appellant submits that he does not press conviction of the appellant but has requested for reduction of his sentence awarded by learned trial Court to that already undergone by him. On the other hand, learned law Officers have no objection for reduction of sentence of the appellant.

4. On our reappraisal of evidence, we are of the view that the appellant has rightly been convicted by the learned trial Court in offence under Section 22(2) of Anti-Rape Act. Coming to the reduction of sentence of appellant, considering the facts of this case, the agony of proceedings faced by the appellant and with the consent of learned Law Officers, while maintaining the conviction of the appellant in offence under Section 22(2) of Anti-Rape Act, the sentence of the appellant (reproduced in para 1 of this order) is reduced to that has already undergone by him. The amount of fine, as imposed by learned trial Court upon the appellant is maintained, however the punishment in default thereof, are reduced from two months to one week simple imprisonment.

5. With the above said modification in the quantum of sentence, this criminal appeal is disposed of.

MQ/M-61/L Order accordingly.