S.A. Rabbani, J.--On 15.3.2002 one Naazir Hussain lodged F.I.R. at Jaffar Abad Police Station Nasir Abad, Baluchistan, about commission of sodomy by the present appellant with son of the complainant aged 5 years. After investigation, the present appellant was sent up for trial before Sessions Judge Jaffarabad. After trial, the learned Sessions Judge found that the appellant was guilty of an offence under Section 377 PPC. He convicted the present appellant accordingly and sentenced him to suffer R.I. for fourteen years with a fine of Rs, 50,000/-. In case of default he has been ordered to undergo simple imprisonment for another one year. Benefit of Section 382-B Cr.P.C. has been extended. This conviction and sentence has been challenged by way of the present appeal.
2. The record shows that the trial Court examined two doctors who had medically examined the convict/appellant, and the victim minor boy, complainant Naazir Hussain, two other witnesses Dad Muhammad and Inayatullah and the investigating officer. All these witnesses have supported the prosecution case and their evidence appears to be confidence inspiring. The accused was examined under Section 342 Cr.P.C. in which he denied the charge.
3. Mr. Saleheen Mughal, learned counsel for the appellant submitted, that in view of the evidence on record, this is not a case of acquittal. He submitted that in view of young age of the, appellant a reduction in the sentence would be in the interest of justice. Mr. Muhammad Sharif Janjua, learned counsel for the State concedes for reduction in sentence. Section 377 PPC provides two punishments viz. imprisonment for life and imprisonment of either description for a term, which shall not be less than two years or more than ten years, and fine. Thus the law requires that, if the sentence is not imprisonment for life, it cannot be more than ten years. Accordingly the sentence of fourteen years a yarded by the trial Court is reduced to ten years R.I. The punishment of the and benefit of Section 382-B Cr.P.C. is' maintained.
With this modification of sentence the appeal is dismissed.