Law: Criminal Procedure Code (V of 1898)

Section: 510, 537

Criminal Procedure Code (V of 1898) S. 510 read with S. 537-Expert evidence-Currency Officer of State Bank-Not an expert witness within meaning of S. 510, Cr. P. C. nor report of such witness valid in evidence---Courts below, held, committed illegality by relying on such report-- Illegality, held further, not curable under S. 537, Cr. P. C.--[Expert evidence]. King-Emperor v. Dahu Raut A I R 1935 P C 89 and Zamir Hussain v. Crown P L D 1949 Lah. 179 rel. Date of hearing : 5th October, 1980.                                                                                                                 JUDGMENT Petitioner was tried by Syed Fazal Hussain, Magistrate section 30, Rawalpindi on a charge under section 489 (6), P. P. C. vide judgment dated 1stJuly, 1970 he was found guilty of the offence charged and sentenced to four years' R. I. His appeal before the learned Additional Sessions Judge was dismissed on 10th December, 1970, However, the sentence was altered to three years' R. I. and a fine of Rs. 500 or in default thereof, further six months' R. I. 2. Hence this revision. 3. On 16th January, 1969 petitioner went to the shop of Muhammad Ramzan P. W. for purchasing cloth. The total price of the cloth so purchased came to Rs. 334. Petitioner gave him Rs. 340 in the shape of three notes of Rs. 100 denomination each and four currency notes of Rs. 10 each. Muhammad Ramzan P. W. suspected the genuineness of the currency notes and he told the petitioner that the notes were forged. There ensued a discussion between the petitioner and Muhammad Ramzan p. W. over this. In the meantime some other customers came over there. Seeing the people approaching, petitioner tried to slip away. He was given a chase and was ultimately caught by Muhammad Sharif S. I. and Said Ahmad A. S. I. who happened, to pass that way. Muhammad Ramzan P. W. gave currency notes of Rs. 340 back to the…