' MUHAMMAD ASHRAF LEGHARI, J.--- This appeal is directed against the impugned judgment, dated 31-8-1999 passed by Judge, Anti-Terrorism Court No,1, Karachi in Case No,299 of 1999 (State v.
Shamoon Masih) under section 377/34, P.P.C. Arising out of Crime No,129 of 1999, Police Station Gulistan-e-Johar, whereby the appellant was awarded imprisonment for life and was imposed fine of Rs,25,000, in case of nonpayment he was to undergo for two years. The appellant was also directed to pay compensation of Rs,50,000 to victim girl baby Rukhsana, in default thereof the appellant has to suffer 6 months more.
2. Complainant Parvez Masih lodged F.I.R. On 1-8-1999 at 21-10 hours stated wherein that he alongwith his family was living in a rented house. On the said date at about 7-00 p.m. When he came near his house, he found that some neighbours had assembled in front of his house. He went inside the house and enquired from his wife and daughter Rukhsana and came to know that at 2- 00 p.m. When baby Rukhsana was playing near the house the accused asked her to bring bread for him for which he gave Rs,5 to her. She went to his house and he forcibly committed sodomy on her. At about 6-00 p.m. She was allowed to leave the house. He also put a string around her neck for not raising the cries.
3. The police after registration of F.I.R. Took up investigation and submitted challan in the Court of Anti-Terrorism No,1, Karachi.
4. At the trial, the prosecution examined P.W.1 Dr. Muhammad Qasim, Exh.4, P.W.2 Dr. Asif Ali Khokhar, Exh.11 P.W.3 Dr. Asia Rahman, Exh.12, P.W.4 complainant Parvez Masih, Exh.15, P.W.5 Baby Rukhsana, Exh.18, P.W.6 Mst. Mariam, Exh.19 and P.W.7 S.I.P. Abdul Rauf, Exh.20, in its support. Consequently the case against appellant was proved and he was awarded the sentence as stated above.
5. It is contended by Mr. Mirza Atiq Baig, learned counsel for appellant that the appellant is involved falsely on account of enmity with the complainant. He urged that the house of accused is situated far away from the house of complainant and that no ditch was found in the house of accused by the police. He further urged that victim girl has not seen the house of accused and it was for the first time when she visited the house of accused. Learned counsel stated that medical evidence does not support the case of prosecution and the doctor has given her opinion about the commission of sodomy on victim girl but has not given her specific finding to that effect. He has placed reliance to the pronouncement made by Honourable apex Court in a case of Tariq Parvez v.
The State 1995 SCM R 1345.
6. Mr. S. Jalil A. Hashmi, learned A.A.-G has supported the impugned judgment on the ground that victim girl has supported her case. The defence has not cross-examined her. The version of victim baby Rukhsana is supported by her father and mother. Dr. Asia Rehman had examined the girl and in her medical report she found that fresh act of sodomy was committed on her. She found external injuries around the anus and neck. Learned counsel further submitted that Dr. Asif Ali had examined the accused who has supported the case of prosecution and has deposed in Court regarding the potency of accused. Mr. S. Jalil A. Hashmi has, however, stated that the punishment awarded to the appellant is severe and suggested that it may be reduced from imprisonment for life to R.I. For 10 years.
7. The perusal of record reveals that the instant incident took place in between 2 to 6 p.m. And the F.I.R. Was promptly lodged at 21-10 hours, wherein the name of accused is nominated with specified act. The girl was referred to Dr. Asia Rahman who has fully supported the prosecution case. She has stated that fresh act of sodomy is committed upon victim girl baby Rukhsana and she had sustained external injuries around her anus.The complainant Parvez Masih has in support of prosecution stated that he came near his house and found the crowd of people in front of his house. On coming inside the house, he was informed by his wife and victim girl baby Rukhsana about the instant incident. He thereafter went to the members of Khidmat Committee and they directed him to lodge F.I.R. This version is supported by Mst. Mariam mother of the victim. She has also narrated the same facts which were narrated by her to the complainant. The case of prosecution is further supported by Investigating Officer Asif Rauf. The victim girlis aged about 9/10 years. She was medically examined by Dr. Asia who opined that the girl was subjected to fresh act of sodomy and found certain lacerations around the anus and contusions also on her neck. The girl has fully supported the case and she has not been cross-examined by the defence. The girl has stated in trial Court that accused had committed bad act on her back and due to pains she went, unconscious. There is no suggestion by the defence to any of the P.W. That no such act has been committed upon her. The complainant had no enmity with accused to implicate him in a false case and earn a bad reputation for his minor girl. Although, it appears that some suggestions were given to witness to the effect that complainant had turned to be Muslim and Muhallah people were annoyed with him. But we do not find anything in the statement of appellant under section 342, Cr.P.C. In his statement he has stated that he had dispute with one Abid and on account of that enmity he has been implicated. We do not find any legal infirmity in the impugned judgment. The prosecution has fully established the prima facie case against appellant and the judgment is based on sound judicial principles of administration of criminal justice.
8. However, we find that the sentence of imprisonment awarded to the appellant is too harsh and it would meet the ends of justice if same is reduced from imprisonment for life to 10 years' R.I. The amount of fine and the compensation awarded will remain same as stated in the impugned judgment. With the above stated modification in sentence, the appeal is dismissed which was disposed of by us on 13-1-2000 by a short order of which the reasons have been given above.
Sentence reduced.