Muhammad Nazir petitioner aged 25 years was challaned in a case F. I. R. No. 13 dated 8th February, 1980 registered at P. S. Kalore-kot, District Mianwali for having committed offence under S. 377, P. P. C. He was convicted by Mr. Sarwar Hayat Khan, Magistrate First Class, Bhakkar and sentenced to undergo three years' R. I. And also to suffer ten stripes. The petitioner filed appeal against the order of the Magistrate and same was rejected by Mr. Akhtar Mahmud Khan, Additional Sessions Judge-II, Mianwali vide order dated 16th May, 1981.
2. The report Exh, P. A. Was lodged by Muhammad Saleem victim P. W. 3 aged -12/13 years at P. S. Kalore-kot which was recorded by Muhammad Afzal H. C., P. W. 10.
3. The investigation-was conducted by Fazal Dad A. S. I.
4. The prosecution case mainly rests on, the evidence of Muhammad Saleem victim P. W. 3.
Muhammad Hafeez P. W. 1 and Amanullah P. W. 2 eye-witnesses.
5. Muhammad Saleem briefly has stated that on 7th February, 1980 when he was going to his fields in Chak No. 46 D. B. For cutting fodder, Muhammad Nazeer petitioner caught him and took him to a nearby khat and by putting off his trouser committed sodomy with him. On his shrieks, Muhammad Hafeez P. W. 1 and Amanullah P. W. 2 reached the spot and rescued him. Both the P. Ws. Have corroborated the statement of the complainant. The victim was medically examined by Dr. Rashid Ahmad P. W.
5. He found the following injuries on his person:-
(1) An abrasion 1.5 x 1 cm. On the inner side of the left thigh 16 cm. Below the left iliac spine.
(2) There were dried blood stains in the perianal region and on the left buttock. .
(3) There were dried faecal matter stains in the perianal region.
(4) On digital examination and examination with finger, there was severe tenderness and faecal matter was coming out.
(5) A laceration of anal mucosa 1 cm. In length.
In the opinion of the doctor, sodomy had been committed upon Muhammad Saleem. He sent the rectal swa b for Chemical Examiner's report. A post--tive report Exh. P. B.11 was received.
6. The plea of the accused was complete denial. He stated that he was falsely involved. He also produced two D. Ws. In his defence. The petition was admitted to consider the severity of the sentence and on the point whether the sentence of whipping could be awarded. The learned counsel for the State has conceded that the facts of the case do not attract sentence of whipping because there is no evidence of any hurt nor is there any evidence of putting the victim to fear of hurt.
7. I have considered the evidence of the P. Ws. And the defence eve on merits. The prosecution case stands fully pored.The eye-witnesses are not related to the complainant. No enmity has been established. Even otherwise it is very difficult to believe that a by of. 12/13 years age would make out a false case to involve the petitioner or that he would substitute the petitioner for someone, else.
8. Having considered the arguments of the learned counsel for the petitioner and the State and after having gone through the record, I am convinced that the prosecution has been able to prove its case beyond any shadow of doubt. The revision petition is dismissed and conviction is maintained.
9. With regard to the sentence, learned counsel has prayed that the sentence of whipping has been awarded illegally and as such it cannot be maintained. He has urged that a lenient view be taken in view of the village background, illiteracy of the petitioner and his young age. I have n doubt in my mind that there was no legal basis for awarding sentence o whipping. The same is upset.
10. Keeping in view the facts and circumstances of the case, the sen--tence of imprisonment for three years is reduced to two years' R. 1.