' SHAHID HAMEED DAR, J.---Muzzamal Hussain son of Liaqat Ali aged 22 years stands convicted vide judgment dated 9-1-2006, passed by Ch. Muhammad Yousaf Aujla, Judge, Anti-Terrorism Court, Faisalabad in case F.I.R. No, 840 of 2005 dated 28-10-2005 under section 10/12 Offence of Zina (Enforcement of Hudood), Ordinance VII of 1979, under section 377, P.P.C. 86 under section 7-ATA of 1997, registered at Police Station, Sargodha Road, Faisalabad
2. The appellant was convicted/sentenced as under:--
(i) Under section 377, P.P.C., 10 years' R.I.And fine of Rs,1,00,000, in default of payment, of fine, to undergo 2 years' S.I.
(ii) Under section 18 Offence of Zina Ordinance, 1979 12-1/2 years' R.I and fine of Rs,1,00,000, in default of payment of fine, to undergo 2 years' S.I.
(iii) Under section 7 clause (b) ATA of 1997 10 years' R.I and fine of Rs,1,00,000, in default of payment, of fine, to further undergo 2 years' S.I.
3. The appellant has challenged his sentence/conviction through instant Jail appeal bearing No, Criminal Appeal 57-J of 2006 which we intend to dispose of through this judgment.
4. Mst. Saima Bibi wife of Muhammad Afzal, P.W.6 is complainant of this case who, through a written application Exh.PA presented by her to Abdul Rehman S.-I., P.W.9, With the assertion that she was married in Mohallah Mustafa Abad, Street No,1 Nuamania Road, Gujranwala; she came to see her parents, residing at Mansoor Abad along with her daughter Mst.Nimra aged 5 years, who, went out side of the house for playing, on the morning of 28-10-2005 and did not come back, whereupon, complainant Mst. Saima Bibi along with Sarfraz Hussain P.W. And Ashiq Hussain, P.W.7 went out to search for Mst. Nimara (victim) and when they reached the corner of the street i.e, Madrasa Chowk, they heard Mst. Nimra Bibi weeping, from inside a closed shop, "Umber Kiryana Store", whereupon, they halted, opened the door of the shop, and saw Muzzamal Hussain, appellant committing Zina Bil Jahbr with Mst. Nimra who, on seeing the complainant and others, fled away through the inner door of his house, by leaving behind bleeding Mst. Nimra in naked condition. They raised hue and cry, people of the vicinity gathered and on witnessing the condition of ti e victim, they got terrified and a waive of shock, fear, panic and harassment spread in the locality.
5. On receipt of complaint Exh.PA, Abdul Rehman S.-I., P.W.9 rushed to the place of occurrence, recorded the statements of Sarfrz z P.W.4 and Ashiq Hussain P.W. Under section 161 Cr.P.C, inspected ti e place of occurrence and prepared site plan Exh.PG, got medico legally examined victim Mst.
Nimra through medico legal certificate Exh.PE by Lady Doctor Bushra Tahir, P.W.8, received sealed phial of swa bs, envelope, Shalwar of the victim and took these articles into possession vide recovery memo. Exh.PB. He arrested the accused/appellant and got him medico legally examined through medico legal certificate Exh.PC issued by Dr. Mukhtar Ahmad, P.W.5, added the offences under secticn 377, P.P.C. And section 12 offence of Zina (Enforcement of Hudood Ordinance, VII of 1979, got dispatched the requisite sealed parcels to tie concerned offices and after completion of investigation submitted report in the court under section 173, Cr.P.C.
6. The learned trial court delivered the copies to the accused under section 265-C Cr.P.C, framed charge against the accused/appellant, under the aforementioned offences on 23-11-2005 to which tie accused/appellant did not plead guilty and claimed trial, whereupon, tie prosecution was ordered to produce its witnesses. In order to prove tie charge against the accused/appellant, the prosecution produced Niz.z Ahmad 2598/HC, as P.W.1, who scribed the F.I.R. Exh.PA/1, an receipt of complaint Exh.PA Ijaz Ahmad 4231/C was examined as P.W.2, who being Moharrer handed over three sealed, parcels to Abdul Rashid 86/C, P.W.3 intact, for delivery to the office of Chemical Examiner, Punjab, Lahore Abdul Rasheed 86/C, P.W.3 deposited tie sealed parcels in the concerned offices. Javed Iqbal 4051/C, P.W.4 got the victim medico legally examined and handed over Shalwar P-1, or e sealed phial and one sealed envelope along with medico legal certificate of Mst.
Nimra (Exh.PE) to Abdul Rehman S.-I. Who secured these articles vide recovery memo Exh.PB, Dr. Mukhtar Ahmad, CMO conducted potency examination of the accused/appellant through MLR Exh.PC, Mst. Saima Bibi complainant, P.W.6 verified and endorsed the story contained in the F.I.R., Ashiq Hussain, P.W.7 corroborated the version of Mst. Saima Bibi in a confident and trustworthy manner, lady Dr. Bushra Tahir, P.W.8 medico legally examined Mst. Nimra/victim on 28-10-2005 through MLR Exh.PE and on examining the reports of Chemical Examiner Exh.PH, opined that sexual act had been done with the victim and lastly Abdul Rehman S.-I. Was examined as P.W.9 who conducted the investigation in this case.
7. Learned Public Prosecutor tendered report of Chemical Examiner, Exh.PH and that of Serologist Exh.PJ, thereafter statement of the accused was recorded by the learned trial court under section 342, Cr.P.C. Who in reply to the question as to why this case against him and why the P.Ws. Had deposed against him replied as under:-- "All the P.Ws. Are inter se related. In fact the family of the complainant was politically against me.
My real maternal uncle remained Ex-councillor and Ex-Naib Nazam of the same, Union Council and they always opposed us in all previous elections. The P. Ws. Were under the influence of present Nazam and MPA of the locality so they under their instructions falsely involved me in this case"
8. The accused/appellant opted not to appear as a witness under section 340(2), Cr.P.C. To repel the allegation against him nor produced any defence evidence.
9. After hearing learned Public Prosecutor, learned counsel for the complainant and learned defence counsel, the learned trial court passed the impugned judgment and awarded the conviction/sentence to the appellant as above.
10. Learned counsel for the appellant at the very outset, has submitted that he does not challenge the conclusions drawn by the learned trial Court, as contained in the impugned judgment, but he pleads mercy and compassion on behalf of the appellant for reduction of the sentence; submits that the appellant has turned penitent, while confined in jail, where he repents and remorses on his shameful act and has brought around visible and ostensible changes/reformation in his life style; he has turned over a new leaf as a captive/convict; that he has completed many courses in religious education as well as the customary education and has passed annual examination of Adeeb, Alam and Fazil from B.I.S.E, Faisalabad in year, 2006, obtained a certificate of recitation of the Holy Quran from Trust Jamiat Taleem-ul-Quran in year, 2006, got a certificate of Distinction from "Taleem-ul-Quran", Lahore through correspondence in year, 2006, got another certificate of Distinction from the aforementioned Taleem-ul-Quran in year, 2006, obtained a certificate "Alsanad-e-Adab" through correspondence from aforementioned Taleem-u1-Quran, got a certificate "Shahadat Adal" qua Islamic System of justice and punishment, completed a course in Allasanul-Arabi from Allama Iqbal Open University in 2008 and in the same year he completed 5th series of course "Shahadat-ul-Anbia Quran" from Taleem-ul-Quran in 2008 and passed Higher School/Intermediate Examination from B.I.S.E., Faisalabad in 2009. At this stage learned counsel for the appellant has submitted the copies of all the aforementioned certificates, which are placed on the file of this case. The learned counsel for the appellant further submits that Allah Almighty is beneficent and merciful and he, has left the doors of remorse and penitence always open for the sinners and the act of repentance and feeling ashamed on one's sins, for seeking forgiveness and blessing of Almighty, has been accepted and approved by Almighty at many places in Holy Quran; lastly contends, that if the appellant has decided to adopt the straight path after having gone astray, should be given a chance to lead a transformed life and by keeping in view, the aforementioned situation, his sentence may be reduced.
11. Learned Deputy Prosecutor-General, however, has strongly opposed the contentions of learned counsel for the appellant and submits that the appellant has committed a horrible and gruesome offence and plight of the victim and that of her family cannot be described in words; that the appellant has already been dealt with leniently and he does not deserve the relief prayed for.
12. We have heard learned counsel for the parties and perused the record. So far as the offence committed by the appellant is concerned, its details are heart rending and painful. The learned counsel for the appellant has not challenged the conviction of the appellant, recorded through the impugned judgment but has prayed for reduction in quantum of sentence on the compassionate grounds by highlighting the features showing complete changed trend in the life style of the appellant and his determination to follow the pursuits of noble and pious men through acquiring religious and customary education. The record of various certificates submitted before us is a strong indication of resetting of internal frequencies and chemistry of the appellant towards willingness to adopt the straight path and he appears to have shrugged off the dust and rust of sins which once engulfed him exteriorly and anteriorly. Allah Almighty has ordained in Holy Quran that the opening for remorse and penitence of a Muslim is not closed for good, provided he does it with sincerity and complete submission. It may be a Divine and Celestial indicator/approval that the accused/appellant has opted for a reverse journey whereby, the anger earned by the appellant through his sins might be excused by Allah Almighty.
13. We have to scan the said prayer of the appellant in the backdrop of the aforementioned circumstances wherein the appellant finds himself placed, at the moment. Let a chance be given to the appellant so that his inclination towards remorse and penitence gets stronger and he continues his movement towards ultimate salvation.
14. For what has been discussed above, the conviction of the appellant is maintained with reduction in quantum of sentence from 12 1/2 years' R.I to 10 years' R.I under section 18 Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The sentence of the appellant under section 377, P.P.C. And section 7 clause (b) ATA, 1997, as recorded in the impugned judgment shall remain intact unchanged. The sentence regarding payment of fine under all the aforementioned offences is maintained.
' All the aforementioned sentences shall run concurrently, with benefit of section 382-B, Cr.P.C. This appeal stands disposed of in the aforementioned terms.