' S.A. RABBANI, J.--- Appellants Pathan and Ramzan have been convicted by Ilnd Additional Sessions Judge, Khairpur under section 12 of the Offence of Zina (Enforcement of Hudood)
Ordinance, 1979 and section 342, P.P.C. Under section 12 of the Ordinance, they have been sentenced to 15 years' R.I. With a fine of Rs,10,000 and, under section 342,P.P.C. They have been sentenced to a fine of Rs,1,000 each. They have been given benefit of section 382-B, Cr.P.C. The conviction and sentences have been called in question by way of present appeal.
2. The charge against the appellants, and one Bashir, was that, on 28-11-1994, they kidnapped complainant Naseer Muhammad for unnatural lust and wrongfully confined him.
3. To prove the charge, prosecution examined, before the trial Court, six witnesses, including the complainant. In their statements, the accused/appellants denied the charge and stated that they have been falsely involved due to enmity and dispute over landed property.
4. Mr. Masood Shehryar, learned counsel for the appellants, submitted that the charge of kidnapping and wrongful confinement are not proved on record. He submitted that the appellants are young boys of the age of the complainant himself and they have already suffered a lot in this case. Mr. Qasim Mir Jat, learned State Counsel submitted that the evidence of the complainant and other witnesses, supported by medical evidence, is sufficient to prove the charge against the appellants.
5. The complainant Naseer Muhammad, a boy aged about 14 years, stated, before the trial Court, that Ramzan accused met him and asked him to accompany him and he accompanied him. He stated that, on the land of Bosal, Bashir and Pathan were also present and all of them committed sodomy with him. On the next day of the incident, the complainant was examined by Dr. Zulfiqar Ali Chano, who stated, before the trial Court, that he found injuries, in the form of contusions and abrasion, on the body of the complainant and he also found that the complainant was subjected to sexual intercourse. Swabs were sent to the Chemical Examiner and the Chemical Examiner detected semen on the swa bs. Thus, the evidence of the complainant corroborated by the medical evidence and Chemical Examiner's report, proves that he was subjected to sodomy and the offence was committed by the present appellants. However, in view of the evidence of the complainant himself, no charge of kidnapping or wrongful confinement was proved on record.
Accordingly the conviction of the appellants under section 12 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 and section 342, P.P.C. Has been set aside through a short order already announced. Since the charge of sodomy is proved against the appellants, they are convicted under section 377, P.P.C. The offence was committed in 1994 and the appellants were convicted on 10-5-2000. They are in jail, for the last about 3-1/2 years. Before that also, they remained in custody for certain periods during the trial. In view of these facts, they are sentenced to the imprisonment already suffered by them, with a fine of Rs,2,000 each. In case of default of payment of fine, they shall suffer R.I. For one month. The appeal is allowed to the extent of this modification of conviction and sentences. #EndJudgment