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Criminal Petition No. 21‑R(S) of 1983, decided on 28th June, 1983.
(On appeal from the judgment dated 29‑3‑1983 of the Federal Shariat Court in Cr. A. No. 3(L) of 1983).
‑ S. 10(2)‑Accused committing Zina with young girl albeit a mere child of 12113 years even though with Child's consent, held, sentence of 10 years and punishment of 10 stripes and fine of Rs. 2,000 not excessive in circumstances‑‑Benefit of provision of S. 382, Cr. P. C., however to be given to accused.‑Criminal Procedure Code (V of 1898), S. 382‑B.‑[Sentence].
Haji Muhammad Anwar Buttar, Advocate Supreme Court (absent) and Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner.
Nemo for the State.
Date of hearing : 28th June, 1983:
Muhammad Aslam, petitioner herein, was con victed by the learned Sessions Judge, Multan by his order dated 25‑11‑1982 under section 10 (2‑sic) of the Offence of Zina (Enforcement of Hudood) Ordi nance for committing zina‑bil jabr with Mst. Azra (a young girl of 12/13 years) and sentenced to 10 years' R. 1. and also awarded punishment of 10 stripes and a fine of Rs. 2,000 (or in default thereof one year R. 1.). The fine was directed to be, paid to Mst. Azra in case of recovery.
On appeal before the learned Chief Justice of the Federal Shariat Court, after discussion of entire evidence, he came to the conclusion that Mst. Azra had been carrying on with Muhammad‑ Aslam prior to the incident, which was responsible for the conviction of the latter, and that she was a consenting party thereto. It was because Mst. Rashida, mother of Mst. Azra had surprised them in the act of Zina that this matter had come to light. On this view of the matter, the petitioner was held guilty of an offence under section 10(2) of the Ordinance only and his sentence was reduced to five years' R. 1. However, the number of stripes to be inflicted on him was increased to 20. Since Mst. Azra herself was found to be a consenting party the learned Chief Justice held that she was not eligible to the award of any compensation, Accordingly, the sentence of tine was set aside. The. petitioner, however, feeling still dissatisfied has filed this petition for leave to appeal.
After bearing Ch. Akhtar Ali, learned Advocate‑on‑Record for the peti tioner, we are satisfied that Muhammad Aslam did commit zinc with Mst. Azra, a young girl albeit a mere child of 12/13 years, even though this was done with the child's consent and, therefore, he was rightly convicted and the punishment awarded for his misdeed, in all the circumstances, is not excessive 4 At best he can be granted the benefit of the provisions of section 382‑B Cr. P. C. in the matter of computation of sentence. Accordingly, he shat be given the benefit of the provisions of section 382‑B, Cr. P. C. while calcu lating the sentence he has yet to undergo.
The result is that this petition, with the above modification, shall stand dismissed.
M. Z. M. Petition dismissed.
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