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MUZAMMIL HUSSAIN vs State S — 2023 YLRN 45 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2023 YLRN 45 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2023
Parties
MUZAMMIL HUSSAIN vs State S
Subject matter
Criminal
Provisions referred to
S. 426---P; S. 377---U; S. 377---O; Penal Code (XLV of 1860)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUZAMMIL HUSSAIN VS State S. 426---Penal Code (XLV of 1860), S.377---Unnatural offence---Suspension of sentence pending appeal---Scope---Accused sought suspension of his sentence awarded under S. 377---Offence was committed at 11:45 a.m. and medical was conducted after two days of the occurrence---Judicial Magistrate had not given any observation about the medical of the victim, it was not clear that the injuries otherwise were available in the medical report---Description of injury was not mentioned nor exhibited---No seminal material was detected from the anal swabs, which shook the prosecution case that as to whether sole testimony of victim was consistent or coherent---Apparently, a doubt casted on medical evidence coupled with sole testimony of victim and negative Forensic Science Agency Report made the case of petitioner one of suspension of sentence---Petitioner was convicted firstly on 08.2.2020 by the Judicial Magistrate and his conviction and sentence was maintained by the Appellate Court on 04.01.2021---Petitioner had already served out a sufficient period as under trial prisoner and later as convicted prisoner---Accumulative incarceration of petitioner was about one and half year---During trial petitioner remained on bail and had not misused the same---Report regarding health condition of the petitioner was received from Medical Officer of District Jail, who diagnosed lumbosacral pain radiating to B/L legs, numbness and paresthesia---Symptomatic treatment was being provided to the said convict prisoner by the advice of Orthopaedic Surgeon but his pain persisted on and off---Case was related to the year 2021 and keeping in view the heavy backlog, there was no likelihood of its early hearing in the near future---Resultantly, the petition was allowed and sentence of the petitioner was suspended, in circumstances.

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