Law: Penal Code (XLV of 1860)

Section: 420,463,468,471

Criminal Appeal No. 289-M of 2021, decided on 20th June, 2022. Penal Code (XLV of 1860)--- ----Ss. 420, 463, 468 471---Cheating, forgery and using forged document as genuine---Appreciation of evidence---Accused was a police official who was alleged to have used a motorcycle with fictitious number plate---Trial Court convicted the accused for cheating and forgery and sentenced him to imprisonment for three years---Validity---Fixing of fictitious number plate on motorcycle would have been an offence under Motor Vehicle Ordinance, 1965 but provision of S. 473, P.P.C. could not be attracted---Applicability of provision of S. 420, P.P.C. was not attracted as accused had not dishonestly induced anyone for delivery of any property---Similarly, provision of S. 468, P.P.C. was also not attracted against accused, as he had not committed any forgery for the purpose of cheating---High Court set aside conviction and sentence awarded to accused and acquitted him of the charge as prosecution failed to prove its case against him---Appeal was allowed in circumstances. Tariq Pervaiz v. The State 1995 SCMR 1345; Muhammad Zamin v. The State and others 2014 SCMR 749; Muhammad Akram v. The State 2009 SCMR 230 and Ghulam Qadir and others v. The State 2008 SCMR 1221 rel. JUDGMENT MUHAMMAD IJAZ KHAN, J.---This order is directed to decide the appeal filed by appellant namely Bilal Ahmad against the judgment of his conviction and sentence dated 12.10.2021 passed by the learned Sessions Judge Malakand at Batkhela. 2. As per contents of FIR complainant Naik Rehman, Post Commander of Levy Post Hassan Khan Shaheed, Alladhand along with other levy official laid a barricade at Alladhand road near Sharab Dara when in the meanwhile they stopped a motorcar bearing No. 6432/Police coming from Amandara side. Driver of the car disclosed his name as Bilal Ahmad (the appellant herein), while the person sitting in its front seat has been identified as Shakeel Ahmad. During search of the motorcar, the levy officials recovered a white colour plastic lying beneath the front seat on mate which contained five packets of Chars total weighing 6000 grams, regarding which a separate FIR No. 84 dated 12.09.2020…

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