considered Meharban Nowhsirwan Irani v. Emperor — 1959 PLD 623

Citation: 1959 PLD 623

Court: Lahore High Court

Year: 1969

Decision Date: 1969-03-21

Parties: ALI MUHAMMAD vs THE STATE

Headnotes

Mahmood (as he then was) considered Meharban Nowhsirwan Irani v. Emperor, and opined that the facts of that case were distinguishable from the case in hand.

Judgment Text

Court Name: Lahore High Court Judge(s): Bashir-ud-Din Ahmad, Shoukat Ali Title: ALI MUHAMMAD vs THE STATE Case No.: Criminal Revision No. 946 of 1968 Date of Judgment:1969-03-21 Reported As: PLD 1970 Lahore 230 Result: Sentence reduce JUDGMENT JUDGMENT SHAUKAT ALI, J.-----A.I Muhammad (20), was tried for an offence under section 377, P. P. C., by a Magistrate, First Class, Lyallpur, who convicted him to suffer two years' R. I., plus a fine of Rs. 600, or in default to undergo R. 1. For a further period of six months. On appeal, the Additional Sessions Judge, Lyallpur, altered the conviction from one under section 377, P. P. C., to that under section 377/511, P. P. C. But the sentences were upheld. The convict has come tip in revision. The revision petition was laid before one of us (Shaukat A.I, J.) and it was found that the view expressed in Maazullah v. State (PLD 1961 Pesh. 7), was in conflict with other authorities. Therefore, the matter was referred to the learned Chief Justice for constituting a D. B. 2. The facts are these. On 27th August 1966, at Peshiwela, the petitioner committed carnal intercourse against the order of nature with Hidayat P. W. 1, a boy aged 9/10 years, in the Dhari of Shameer in Chak No. 436/G. B., District Lyallpur. Rashid Ahmad (not produced) and Latif Ahmad P. W. 6, witnessed the occurrence. The report of the occurrence was lodged on 29th August 1966, at 11 a.m. By Hidayat at Police Station Bahlak which is at a distance of 11 miles from the…

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