Law: Pakistan Penal Code, 1860

Section: 419,205

Law: Criminal Procedure Code (V of 1898)

Section: 195(1)(b),195,476

Penal Code (XLV of 1860)--- ----Ss. 419 & 205---Cheating by personation, false personation for purpose of act or proceeding in suit or prosecution---Appreciation of evidence---Sentence, reduction in---Accused was proclaimed offender in a case registered against him---Local Police conducted raid on house of accused, and during body search of accused, his National Identity Card was recovered, wherein his father's name was mentioned as 'Jamil'; whereas actual name of his father was 'Bacha Rehman'---Accused was using said Identity Card to be not the son of 'Bacha Rehman'---Prosecution, in circumstances, had succeeded to establish the guilt of accused under S.419, P.P.C., beyond any shadow of doubt---Section 205, P.P.C., was not attracted in the case of accused, because, for the constitution of offence under that section, act must have been done in a suit or criminal proceedings; and when the offence was alleged to have been committed in, or in relation to any proceedings in any court; no court would take cognizance of the offence, except on complaint in writing, as required under S.195(1)(b), Cr.P.C., and procedure as provided in Ss.195 & 476, Cr.P.C., should be adopted---Quantum of sentence under S. 419, P.P.C. in view of facts and circumstances of the case, also required consideration---Conviction and sentence recorded by the Trial Court under S.205, P.P.C., were set aside, and accused was acquitted of the charge under said section of law, while conviction and sentence under S.419, P.P.C., were reduced to two years, in circumstances. JUDGMENT ABDUL LATIF KHAN, J.---This criminal revision has been directed against the judgment dated 19-5-2014 passed by learned Additional Sessions Judge/Izafi Zila Qazi, Chakdara, Dir Lower, whereby judgment and order regarding conviction and sentence of petitioner under sections 419 and 205, P.P.C. passed by Judicial Magistrate-II/Illaqa Qazi, Chakdara, in case F.I.R. No. 483 dated 27-11-2012, registered at Police Station, Asbanr, was maintained. 2. Gul Khan, the convict/petitioner, was required in criminal case registered vide F.I.R. No. 1077 dated 3-10-2008, registered under sections 302/324/34, P.P.C. On 30-10-2012, SHO,…

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