ATTA MUHAMMAD vs THE STATE Case No — 1972 PLD 36

Citation: 1972 PLD 36

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-06

Parties: ATTA MUHAMMAD vs THE STATE

Headnotes

Result: Sentence modified JUDGMENT JUDGMENT HAMOODUR RAHMAN, C. J.-The appellant, who was at the relevant time a school teacher at the Primary School, Bank Street, Mianwali City, was tried by the Additional District Magistrate, Mianwali, on a charge under section 377 of the Pakistan Penal Code, for having had carnal intercourse against the order of nature with a minor boy, Javed Iqbal, aged 9 years, a student of the 4th class in that school.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman Title: ATTA MUHAMMAD vs THE STATE Case No.: Criminal Appeal No. 142 of 1969 Criminal Revision No. 763 of 1965 Date of Judgment:1971-12-06 Reported As: PLD 1972 Supreme Court 36 Result: Sentence modified JUDGMENT JUDGMENT HAMOODUR RAHMAN, C. J.-The appellant, who was at the relevant time a school teacher at the Primary School, Bank Street, Mianwali City, was tried by the Additional District Magistrate, Mianwali, on a charge under section 377 of the Pakistan Penal Code, for having had carnal intercourse against the order of nature with a minor boy, Javed Iqbal, aged 9 years, a student of the 4th class in that school. He was convicted on the aforesaid charge and sentenced to two years' rigorous imprisonment as also fifteen stripes under the provisions of section 4 of the Whipping Act, 1909. On appeal, the learned Sessions Judge, Mianwali maintained the conviction and the sentence of imprisonment but set aside the sentence of whipping. Against this order, the appellant came up in revision to the former High Court of West Pakistan, Lahore Seat. While admitting the revision, the High Court also issued a suo motu rule under section 439 of the Code of Criminal Procedure to show cause as to why the sentence should not be enhanced. After hearing the Revision and the rule, the High Court upheld the conviction of the petitioner; but, having regard to the abominable character of the crime committed by a…

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