Law: Pakistan Penal Code, 1860

Section: 465,467

Law: Criminal Procedure Code (V of 1898)

Section: 342

Penal Code (XLV of 1860)--- ----Ss. 465 & 467---Forgery, forgery of valuable security etc.---Appreciation of evidence---Accused in his statement under S.342, Cr.P.C. denied all the allegations levelled by the prosecution, but the Trial Court had not taken signature of accused on his said statement, which was mandatory requirement of S.342, Cr.P.C.---Record had further revealed that Trial Court since framing of the charge upto the statement of accused made errors and mistakes which brought the case of accused within the shadow of reasonable doubt; even the slightest doubt, if arose, would go in favour of accused---Trial Court considered the photostat copies of the disputed transfer order, Last Pay Certificate and other documents without following the mandatory law---Complainant had narrated in the F.I.R. that accused had admitted his guilt before him, but the charge framed by the Trial Court as well as the statement of accused recorded by the Trial Court, did not mention the facts regarding the admission of guilt of accused before the complainant; and no question was put by the Trial Court about the same---Prosecution had failed to establish its case against accused beyond any shadow of doubt---Impugned order was set aside, accused was acquitted and was released, in circumstances. The State v. Nisar Ahmed Khoro and others PLD 1998 Kar. 86; Muhammad Achar Machi v. The State 2001 PCr.LJ 1762 and Nazir Ahmed and others v. The State and others PLD 2005 Kar. 18 ref. JUDGMENT HABIB-UR-REHMAN SHAIKH, J.---The appellant calls in question, the Judgment dated 1-3-2011 passed by the learned 1st Additional Sessions Judge Hyderabad in Sessions Case No.307 of 2008, whereby appellant Sabir Ali was convicted under section 465, P.P.C. to suffer R.I. for 2 years, and under section 467, P.P.C. to suffer R.I. for 10 years. Both the sentences were ordered to run concurrently. Benefit of section 382-B, Cr.P.C. was extended to the appellant. He was taken into custody to serve out the sentence. 2. The facts of the prosecution case in brief are that, on 31-5-2008 complainant ASI Muhammad Hashim lodged report alleging therein that accused Sabir Ali came to him and produced Order…

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