' MUNIR A. SHEIKH, ACTG. C J.---This appeal with leave of the Court is directed against judgment dated 17-3-1998 of the Federal Shariat Court whereby appeal filed by the appellant against his conviction under section .10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and award of rigorous imprisonment for 25 years has been dismissed.
2. Leave was granted to consider whether .The sentence of 25 years' R.I. Awarded to the appellant in the circumstances was excessive.
3. According to the prosecution story the appellant committed Zina-bil-Jabr with Mst. Bakhtawar a child of about 9 years on 30-5-1988. The complainant (her real brother) was coming from his shop and when he reached the Godown of Qalati Brohi at about 6-00 p.m. He heard cries of his sister Mst. Bakhtawar. He pushed the gate of the Godown and saw that present appellant was committing Zina-bil-Jabr with her who was raising cries. It was also the case of the complainant that on seeing him the appellant fled away from the door of Godown. The victim was brought to the house and she disclosed that she was subjected to sexual intercourse. Ocular account has been narrated by the victim herself who was examined as P.W.6 and by her brother P.W.5 on whose application F.I.R. Was registered.
4. The trial Court after considering the prosecution evidence came to the conclusion that the case against the appellant had been proved beyond reasonable shadow of doubt. Though it was of the view that it was a case of lesser punishment but proceeded to award 25 years' R.I. And 30 stripes, which is the maximum sentence prescribed under the law.
5. The appellant filed appeal before the Federal Shariat Court which has been dismissed by the impugned judgment dated 17-3-1998 against which this appeal with leave of the Court is directed.
6. We have heard the learned counsel for the parties. While considering the question of excessiveness of sentence on which leave was granted, we found that the award of maximum prescribed sentence in the facts and circumstances of the case was not justified keeping in view that the minimum punishment prescribed under the law is 4 years' and maximum 25 years, therefore, while upholding the conviction of the appellant under section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 we reduce the sentence of the appellant from 25 years R.I. To 15 years' R.I.
' With this modification of sentence, the appeal is disposed of.
Sentence reduced.