Case Details

Citation(s)
1971 SLG 3185 1971 SLD 3185 = 1971 PCRLJ 1144
Court of Special Judge, Karachi
Criminal Appeal No. 235 of 1967, decided on 26th March 1971.
Presented By: Ghulam Rasool K. Shaikh, J
A. Rahim Kazi for Appellants. Manzoor Hussain for A.-G. for the State.

MOHIB AND 5 OTHERS-Appellants

VERSUS

THE STATE-Respondent

Law:

Section: 420, 465, 468, 471, 170 , 109, 114

Penal Code (XLV of 1860) Ss. 420, 465, 468, 471, 170 read with Ss. 34, 109 & 114-Cheating-Forgery-False impersonation Accused visiting a village in a jeep, pretending to hold various posts in Settlement Department and to have come to auction evacuee shops on condition of realising half of sale money at spot and. rest to be payable later-Shops auctioned, purchased by prosection witnesses and half of sale money paid to accused-Auction sheets filled by one accused and signed by another accused duly proved to have been filled and signed by respective accused and their hand-writing and signatures proved . by Handwriting Expert-Accused correctly identified at identification parades-No enmity alleged nor any motive for false implication existing-Minor discrepancies in statements of witnesses not so serious as to discredit their testi mony--Accused, held, rightly convicted. Date of hearing : 12th March 1971.   JUDGMENT The appellants along with two other persons Ali Mohammed and Roshanali were tried by the learned Sessions Judge, Dadu for the offences under sections 420, 465, 468, 471 and 170, P. P. C. read with sections 34,114 and 109, P. P. C. Ali Mohd. and Roshan Ali were acquitted while the appellants were convicted under the various sections and sentenced to undergo R. I. for 1 year and pay a fine of Rs. 100 or in default to undergo R. I. for 1 month under each count, ordering the sentences to run concurrently. The prosecution story is that on 16-10-62 the appellants went to Sevo Jamali village Taluka Johi District badu and, personated as officers of the. Settlement Department. Mohibali appellant pretended that he was the Settlement Officer, Dilshad, Mohd. Nawaz and Mohd. Khan Khuhawar pretended that they were clerks, Mohd. Khan Mugheri pretended that he was peon in the. Settlement Office at Dada. They told the villagers that they had come there to auction the various evacuee shops and preference would be given to local occupants, on the recovery of half of the amount at the spot while the balance would be paid after 8 months. Appellant Amariullah was known to the villagers while the remaining appellants were not known. Thereafter the appellants held the…
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