Law: Pakistan Penal Code, 1860

Section: 420,468,471

Law: Criminal Procedure Code (V of 1898)

Section: 345

(a) Penal Code (XLV of 1860)--- ----Ss. 420, 468 & 471---Cheating, forgery and using forged document---Appreciation of evidence---Compromise---Effect---Parties entered into compromise but Trial Court convicted accused and sentenced him to imprisonment for one year for each offence---Conviction and sentence awarded by Trial Court were maintained by Lower Appellate Court---Validity---Compromise was fully applicable to mischief of S.420, P.P.C. and as the parties had resolved their differences amicably and voluntarily, accused was acquitted of the charge of cheating---Conviction under Ss. 468 & 471, P.P.C. was based on cogent and confidence inspiring evidence, led by prosecution against him during the course of trial---Testimonies of prosecution witnesses emitted sense of believability regarding allegation, the accused was tried for---No inconsistencies or major discrepancies were found in prosecution evidence, which bore the stamp of impartiality and credibility---High Court upheld the conviction awarded to accused under Ss.468 & 471, P.P.C. but reduced imprisonment from one year each to period already undergone by him---Appeal was allowed accordingly. Mazhar Ahmad's case 2012 SCMR 997 and Ghulam Ali v. The State and another 1997 SCMR 1411 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 345---Compromise---Scope---Compromise has generally been considered a redeeming feature, bound to bring peace and harmony in society---Compromise may bring warring parties close to each other and motivate them to bury their hatchet for good---Courts often respected the will of parties to compound an offence, may it be compoundable or not---In case of compoundable offence, no extra argument is required to extend the fullest benefit of rapprochement to a convict but in a case that is not compoundable, its benefit may still be extended to him in viable terms, so as to translate parties' reconciliatory mood into an objective reality---Compromise always hints at noble spirit parties which ought to be respected and given an assent to by the Court of law. JUDGMENT SHAHID HAMEED DAR, J.--Maqsood Masih-petitioner was held guilty under sections 420, 468, 471, P.P.C. by…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492