1. ' RASHID AZIZ KHAN, J.---Fact in brief leading to the filing of these petitions are that Syed Sohail Ahmed and Sajjad Ahmed petitioners were tried by Special Judge, Anti-Terrorism Court No,1, Lahore, and vide his judgment dated 20-8-1999 awarded the sentence of death to both the petitioners under section 10(4)11/7/79 (Enforcement of Hudood) Ordinance, 1979. Under section 365-A, P.P.C. Both of them were also sentenced to life imprisonment and under section 392, P.P.C.
2. To 10 years R.I. Each and in default to suffer R.I. For 6 months. They were also sentenced under section 170, P.P.C. To two years R.I. Each and a fine of Rs,1,000 and in default to further undergo R.I.
3. For one month. They were further sentenced to 3 months R.I. Each under section 171, P.P.C. A learned Division Bench of Lahore High Court vide its judgment dated 16-2-2000 dismissed their appeal and confirmed their death sentence. The petitioners have called in question the said judgment of the Lahore High Court by filing the aforesaid petitions in this Court.
2. The case was argued at some length. Learned counsel for the petitioners vehemently, contended that in any case it was not a case for awarding capital punishment. According to him in the F.I.R.
4. Two persons were alleged to have committed rape upon the prosecutrix but In the Court she alleged that three persons had raped her. According to the learned counsel for the petitioner this fact makes it a case for lesser sentence. When learned counsel for the complainant' as well as State were questioned about this, they frankly stated that it was not a case for capital punishment.
5. Since question of sentence alone was agitated by the learned counsel for the parties, we convert these petitions into appeals and with their consent dispose of the same by modifying the sentence of death to imprisonment for life. Benefit of section 382-B, Cr.P.C. Shall also be extended to the convicts. All the sentences shall run concurrently.
6. Sentence reduced.