| Citation(s) |
|---|
| 2002 SLG 2381 2002 SLD 2381 2002 PLD 330 |
Lahore High Court
Criminal Appeal No. 1217 of 2000, decided on 29th March, 2002. dates of hearing: 21 it and 22nd March, 2002
KHAWAJA MUHAMMAD SHARIF, J
Mian Muhammad Sikandar Hayat with S.D. Qureshi for Appellant. Muhammad Hanif Khatana, Addl. A.G. for the State
Criminal Appeal No. 1217 of 2000, decided on 29th March, 2002. dates of hearing: 21 it and 22nd March, 2002
KHAWAJA MUHAMMAD SHARIF, J
Mian Muhammad Sikandar Hayat with S.D. Qureshi for Appellant. Muhammad Hanif Khatana, Addl. A.G. for the State
SANA ULLAH
VS
THE STATE
Law:
Section:
(a) Penal Code (XLV of 1860)------Ss. 420, 419/34, 468/34, 471/34, 161/34 & 165/34---Appreciation of evidence---Accused was an Advocate who was appearing in the examination on behalf of his senior Advocate (acquitted co-accused) by impersonating him---Case against accused and acquitted co-accused having been proved through unbiased and natural statements of prosecution witnesses, no prejudice whatsoever had been caused to them---Both accused hang remained for quite some time with the prosecution witnesses, no identification pale was required to be held in the case and, their identification in the Court was sufficient--Mere fact that the application form for the post of Additional District and Sessions Judge (for which the accused appeared in the examination impersonating his senior) was the photocopy and not admissible in evidence could not be pressed into service for setting aside the conviction---Whole game was actually being played by the acquitted co-accused and the accused was only a lever in his hands to take his evil design to its logical end---Prosecution witnesses being the Additional Registrar of High Court and the Naib Qasid were independent and impartial witnesses and their credibility was beyond any doubt---Acquitted co-accused had also tried to make a bargain with the prosecution witness---Motive with the acquitted co-accused, was that in case he had succeeded in his plan, he would have been appointed for the advertised post of Additional District and Sessions Judge---Guilty conscience of both the accused was also proved by the fact that their counsel had refused to accept the offer made by the Additional Advocate General even before the High Court to send their signatures on the questioned documents to Handwriting Expert for comparison---Prosecution had proved its case against the accused as well as against the acquitted co-accused beyond any doubt---Conviction and sentences of accused were upheld in circumstances except those awarded under 5.420, P.P.C. which were set aside being not attracted in the case--Order of Trial Court acquitting co-accused was, however, set aside and he was convicted under Ss.419/34, 468/34, 471/34 & 161/34,…
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