Law: Pakistan Penal Code, 1860

Section: 409,467,468,471

Law: Criminal Procedure Code (V of 1898)

Section: 439

Penal Code (XLV of 1860)---Ss. 409, 467, 468 & 471---Criminal Procedure Code (V of 1898), S.439---Criminal breach of trust by public servant, forgery, using as genuine a forged document---Revision against acquittal---Overall appreciation of evidence recorded by the Trial Court, had shown that no offence mentioned in the challan had been made out in the circumstances of the case; rather it lent support to the versions of accused persons; that the complainant due to his personal reason had fabricated whole case---All accused persons had been acquitted of the charges for want of proof, as prosecution had failed to prove case against accused persons---No non-reading or misreading of the evidence by the Trial Court was found---Evidence had been appreciated by the Trial Court in a legal fashion, which resulted in impugned acquittal order---When acquittal order was recorded in favour of accused persons, they would have double presumption of innocence---Order of acquittal recorded in favour of accused persons, was maintained, and revision petition against order of acquittal, stood dismissed, in circumstances. 1991 SCMR 599; 1986 PCr.LJ 843; 1988 MLD 581 and PLD 1997 Lah. 144 ref. ORDER SARDAR ABDUL HAMEED KHAN, J.---This is a Revision Petition against the acquittal order of Judge Banks Special Court AJK dated 30-4-2002, whereby the respondents Nos. 1 to 3 were acquitted in respect of charges levelled under sections 468, 467, 409 and 471, A.P.C. for want of proof. Feeling aggrieved by the said order the petitioner has filed this revision petition. The learned counsel for the petitioner has filed written arguments and relied upon 1991 SCMR 599. On the other hand, the learned counsel for respondents also argued the case and filed written arguments, whereby reiterated stands taken by them in the Court below and defended the impugned order. The learned counsel for respondents placed reliance on the following case law:-- (1) 1986 PCr.LJ 843; (2) 1988 MLD 581; (3) PLD 1997 Lah. 144. We have heard the learned counsel for the parties and gone through the record of the case with utmost care. Without going into details of the facts noted that this is a case wherein, some…

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