' MUHAMMAD RAFIQ TARAR, J.---Muhammad Riaz and Zahoor Ahmad appellants were convicted by a learned Additional Sessions Judge under section 10(3) of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 for committing Zina-bil-Jabr with Mst. Shakila Kausar P.W. And sentenced to R.I. For 10 years and 30 stripes each. On appeal before the Federal Shariat Court their conviction was altered from section 10(3) to section 10(2) of the Ordinance but sentence of 10 years' R.I. And 30 stripes was maintained. Vide order dated A 24-8-1992 leave to appeal was granted only to consider the question of sentence.
2. Learned counsel for the appellants contends that in Bahadur Shah's case (PLD 1987 FSC 11) in a similar situation the Federal Shariat Court on altering the conviction from section 10(3) to section 10(2) of the Ordinance reduced the sentence from R.I. For 5 years to R.I. For 4 years. He also referred to 1988 SCMR 1772 wherein sentence of R.I. For 5 years under section 10(2) awarded by the trial Court was reduced by the Federal Shari at Court to R.I. For 4 years and this Court further reduced it to the term of imprisonment already undergone by the convict in that case.
After hearing the learned counsel we feel that the sentence of R.I. For 10 years is excessive and we reduce it to R.I. For 5 years maintaining the sentence of whipping. The appellants shall also get benefit of section 382-B of the Cr.P.C. The appeal stands disposed of accordingly.
Sentence reduced.