Law:

Section:

Penal Code (XLV of 1860)--- ----S. 465---Forgery---Vehicle with a non-genuine number plate had allegedly been recovered from the possession of accused, which he claimed to be in his ownership---Record did not show that the forged number plate had been prepared by the accused himself with the intention to support his title over the said vehicle---Complainant had admitted that he had neither recovered the vehicle with the forged number plate, nor had seen the same---Other recovery witness who had prepared the recovery memos did not say as to from whom the vehicle having the forged number plate was recovered---No evidence was available on record to establish the case against the accused---Both the s of courts below were arbitrary and suffered from gross illegality and miscarriage of justice and the same were set aside---Accused was acquitted accordingly. JUDGMENT ABDUL QADIR MENGAL, J.---This Criminal Revision Petition has been directed against the judgment dated 21-7-2009, passed by the learned Additional Sessions Judge, Kalat, whereby, the learned Additional Sessions Judge, Kalat, upheld the judgment dated 24-6-2009, passed by the Judicial Magistrate/FCM, Surab, through which, the petitioner was convicted and sentenced under section 465, P.P.C. for one (1) year's R.I. with fine of Rs.10,000 (Rupees Ten Thousand). In default of payment of fine, to further suffer S.I. for three (3) months. The benefit of section 382-B Cr.P.C. also has been extended in favour of the petitioner. 2. Brief facts of the petition as has been narrated in the F.I.R., were that, on 1-6-2008, the S.I/S.H.O. Ghulam Sarwar, lodged F.I.R. No.18 of 2008, with Police Station, Surab District Kalat, for offence under sections 465, 468 and 485, P.P.C., stating therein that, on 3-12-2007, Ex-S.H.O. Abdul Qudoos, raided and recovered a Land Cruiser No.BC-6570, in which four persons were present. Initially, they fired upon police party, however, they were apprehended and on search of the vehicle, 23 bottles of liquor were recovered. The two (2) separate cases, F.I.R. Nos.95 of 2007 and 99 of 2007, were lodged against the culprits. During the investigation, the present petitioner has shown himself the…

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