NEMAT ALI vs THE STATE — 1970 PCRLJ 789

Citation: 1970 PCRLJ 789

Court: Lahore High Court

Year: 1969

Decision Date: 1969-02-18

Parties: NEMAT ALI vs THE STATE

Headnotes

Case cited as 1970 PCRLJ 789

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Jamil Asghar Title: NEMAT ALI vs THE STATE Case No.: Criminal Appeal No, 792 of 1965 Date of Judgment:1969-02-18 Reported As: 1970 P Cr. L J 789 Result: Appeal dismissed JUDGMENT JUDGMENT Nemat Ali alias, Tuli, appellant, aged 23 years, resident of Chak No. 27/2. L., Tahsil Okara, District Sahiwal, was con--victed under section 377, P. P. C. And sentenced to five years' rigorous imprisonment with a fine of Rs. 50.00 or in default to further undergo rigorous imprisonment for six months for having carnal intercourse, against the order of nature, with a by aged nine years by a Magistrate 1st Class with section 30 powers, Okara. The appellant, against his conviction and sentence, has preferred this appeal. When this appeal came up for hearing I issued notice to the appellant (Criminal Revision No. 1423 of 1967) to show cause why his sentence should not be enhanced. Now both the appeal and the revision will be disposed of together by this order. 2. The facts of the case briefly stated are that on 10th June 1:965, at about 1 p.m., Nazir (P. W. 1), aged about nine years, resident of Chak No. 27/2-L., went to the tube--well of Ibrahim to take bath, and saw his classm ates, Muhammad Azim (P. W. 5) and Sabir (P. W. 6), sitting under a Shisham tree nearby. The said tubewell is about four killas away from the village. The tubewell was not working at that time, but there was enough water in the tank (hauz). All these three boys started…

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