Case Details

Citation(s)
1996 SLG 210 1996 SLD 210 1996 SCMR 1094
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal No. 89 of 1994, decision dated: 23rd November, 1994. On appeal from the judgment of the Peshawar High Court, dated 4-7-1994 passed in Cr. R. 28/93
SAJJAD ALI SHAH, C.1, IRSHAD HASAN KHAN AND MUKHTAR AHMAD, JUNEJO, JJ
Ejaz Afzal Khan, Advocate and Raja Abdul Ghafoor, Advocate-on-Record for Petitioner. Nemo for the State

Mst. RESHAM JAN alias NOOR JEHAN-

VS

THE STATE

Law:

Section:

Penal Code (XLV of 1860)-------Ss. 419, 468 & 471---Constitution of Pakistan (1973), Art.185(3)---All the three Courts below had found the accused guilty of the charges of personation and forgery---Such concurrent findings were not liable to be interfered with in the absence of plausible ground---Leave to appeal was refused in circumstances. Badaruddin v. Ahmad Raza PLD 1993 SC 399 and Muhammad Azam v. Muhammad Iqbal PLD 1984 SC 95 ref. ORDER IRSHAD HASAN KHAN, J.---This is a petition for leave to appeal against the judgment of the Peshawar High Court whereby it upheld the convictions and sentences of the petitioner on the charges under sections 419, 468 and 471, P. P. C. 2. On a complaint filed by Gohar Rehman, the petitioner was tried under sections 419, 420, 468 and 471, P. P. C. by the learned Magistrate, Mansehra, who found him guilty of the offences charged and sentenced her under section 419, P. P. C. to one year R.I. with a fine of Rs.1,000 or in default two months' R.I.; under section 420, same sentence, under section 468, P.P.C. three years' R.I. and a fine of Rs.2,000 or in default three months' R.I.; under section 471, P.P.C. three years' R,I. and a fine of Rs.2,000 or in default three months' R.I. The petitioner was also ordered to pay Rs.6,000 as compensation under section 544-A, Cr.P.C., to the complainant party or in default six months' S.I. The petitioner filed appeal against the judgment of the trial Court, which was entrusted to an Additional Sessions Judge, Mansehra, who by judgment dated 10-8-1993 set aside the conviction under section 420, but upheld the convictions under the other aforementioned sections and also reduced the sentence tinder section 419, P.P.C. to six months' R.I. with a fine of Rs.200 or in default one month S. I., and under section 468, P. P. C. to one year R. I. and a fine of Rs.500 or in default one month S.I. and the same punishment under section 471, P. P. C. The compensation awarded under section 544-A, Cr.P.C., was, however, enhanced to Rs.10,000 out of which half was to be paid to the complainant party. The petitioner challenged this order in revision before the High Court. A learned Single Judge upheld the…
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