Law:

Section:

Penal Code (XLV of 1860)--- ----Ss.419, 420, 466 & 468---Criminal Procedure Code (V of 1898), S.417(2-A)---Cheating by personation, forgery of record for purpose of cheating---Appeal against acquittal---Allegations against the respondents/accused persons were that they, in furtherance of their common object, had committed overwriting in the relevant registers in respect of the age of one of accused in a criminal case in order to benefit the said accused on the ground of minority---Trial Court after evaluating the material brought on record, concluded that prosecution had failed to prove its case against accused persons and acquitted them through impugned ---Relevant Register in which alleged overwriting was committed was not a Public Document and had no value and before taking said register by accused, same remained with the complainant for about fifteen days; it was not thus clear as to which of them had altered the entries in said register---Statement of the complainant himself, which he made as prosecution witness, had shown that no ocular evidence was available against accused persons in respect of the charge levelled against them---No benefit had been drawn by accused from alleged altered date as according to both dates, the accused concerned was underage---None of accused persons, in circumstances, was beneficiary of the alleged alteration in the register---Prosecution, in circumstances, had failed to prove its case against accused/respondents beyond any shadow of reasonable doubt---Trial Court had correctly appreciated the evidence brought on record and had rightly acquitted accused persons, in circumstances. JUDGMENT ATTAULLAH KHAN J.---Syed Tabarak Hussain Shah complainant has filed this appeal under section 417(2-A), Cr.P.C. against the judgment dated 17-12-2009 passed by the Additional Sessions Judge-V11 D.I. Khan whereby the accused/respondents Nos.1 to 4 were acquitted in case F.I.R. No. 685 dated 23-11-2006 under sections 419/420/ 466/468, P.P.C. of Police Station Saddar D.I. Khan. 2. The allegations against the respondents are that they in furtherance of their common object had committed overwriting in the relevant registers in respect to the…

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