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Criminal Petition No. 62‑R of 1983, decided on 2nd July, 1983.
(On appeal from the judgment dated 21st May, 1983 of the Peshawar High Court, Circuit at Abbottabad in Criminal Appeal No. 4 of 1983).
Constitution of Pakistan (1973)‑
‑‑‑ Art. 185(3)‑Penal Code (XLV of 1860), S. 377 and Criminal Procedure Code (V of 1898), S. 544‑A‑Sodomy‑Accused committing sodomy upon boy aged 12/13 years‑Accused sentenced to 4 years' R. I. and fined Rs. 5,000 if realised Rs. 4,000 to be paid to complainant as com pensation under S. 544‑A, Cr. P. C.‑Benefit of S. 382 was also allowed to accused in matter of computation of sentence‑No substantial question of law raised or any error committed by Courts below occasioning miscarriage of justice pointed out‑Leave to appeal refused.
Sh. Zaffar Mahmood, Senior Advocate Supreme Court and Ch. Akhtar Ali, Advocate‑on‑Record for Petitioner.
Nemo for the State.
Date of hearing : 2nd July, 1983.
‑This petition for leave to appeal is directed against the judgment of a learned Single Judge of the Peshawar High Court passed in Criminal Appeal No. 4 of 1983 on 21‑5‑1983.
The relevant facts are that Muhammad Altaf aged about 25/26 years of village Mamral, Tehsil Haripur was convicted by the Sub‑Divisional Magistrate under section 377, P. P. C. for committing sodomy upon Muhammad Sadaqat aged 12/13 years and sentenced to 6 years' R. I. and a fine of Rs. 5,000 or in default to suffer further one year and 6 months' R. I. It was also directed that out of the fine, if realised, Rs. 4,000 was to be paid as compensation to the complainant under section 544‑A of the Cr. P. C.
On appeal, the High Court upheld the conviction of the petitioner but reduced the sentence of imprisonment from 6 years' R. I. to 4 years' R. I. The sentence of fine, however, was maintained but be was allowed the benefit of section 382‑g of the Cr. P. C. in the matter of computation of sentence. The petitioner still feeling dissatisfied has now moved this Court by this petition for leave to appeal.
We have heard Sh. Zaffar Mahmood in support of this petition at some length. However, be was unable to raise any substantial question of law or pointed out any error committed by the Courts below as may have occasioned any miscarriage of justice:
In these circumstances, this petition must fail and is, accordingly, dismissed hereby.
Petition dismissed.
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