P L D 2010 Quetta 67
Before Ghulam Musta fa Mengal, J
FATEH MUHAMMAD ---Appellant
Versus
THE STATE ---Respondent
Criminal Appeal No.324 of 2003, decided on 16th April, 2010.
Penal Code (XLV of 1860) ---
----Ss. 420, 468 & 471 ---Customs Act (IV of 1969), S.156(89) ---Criminal Procedure Code
(V of 1898), S.550 ---Cheating and dishonestly inducing delivery of property, forgery for
purpose of cheating, using as genuine a forged document and offence under Customs Act,
1969 ---Appreciation of evidence ---Vehicle and its allegedly forged Registra tion Book was
seized from the accused and a case was registered against him ---No trustworthy evidence on
record showed that the forged Registration Book was prepared by the accused to use the same
as genuine knowingly ---In order to make out a case of forge ry, prosecution had to prove that
the forged document was prepared and used with the knowledge and reason to believe that
the document was forged, because, mere possession of a forged document was not an offence
unless the same was used fraudulently ---Prosecution had failed to prove its case ---Accused
was wrongly convicted by the Trial Court, which left no alternative except acquitting him of
the charge ---Appeal was allowed.
Obaidullah Quresh for Appellant.
Mumtaz Yousaf, Standing Counsel for the Stat e.
Date of hearing: 14th December, 2009.
JUDGMENT
GHULAM MUSTAFA MENGAL, J .---This criminal appeal is directed against the
judgment dated 4 -11-2003 passed by learned Sessions Judge, Quetta, whereby appellant
Fateh Muhammad has been convicted under section 471, read with section 468, P.P.C. and
sentenced to suffer R.I.for 3 years and fine of Rs.10,000 or in default thereof to suffer
further R.I. for 6 months with benefit of section 382 -B, Cr.P.C.
2. Brief facts of the case as mentioned in F.I.R.No .32 of 2003, registered with Police Station
City Quetta on 10 -2-2003 are that on 1 -2-2003 the complainant Essa Khan Shahwani,
I.P./C.I.A. along with subordinate staff was on routine checking at Meezan Chowk, Quetta.
During checking at 5 -30 p.m. vehicle No. BC-8712 -Karachi along with its registration book
was taken into custody vide Roznamcha No.14 under section 550, Cr.P.C. from the custody
of appellant and thereafter the documents of the vehicle were sent to the E.T.O. Motor
Registration for its verificatio n and complaint was sent to the competent Court of law. After
receipt of report from E.T.O. Motor Registration, Civic Centre, Karachi, above said F.I.R.
was registered under sections 420 -468-471, P.P.C. and under section 156(89) Custom Act
against the appe llant with Police Station, City, Quetta.
3. After completion of investigation Challan was sent to the Court of learned Sessions Judge,
Quetta, where charge under section 471, P.P.C. read with 468, P.P.C. was framed against the
appellant to which he did n ot plead guilty and claimed trial of the case.
4. At the trial, the prosecution in order to prove its case, produced three witnesses namely
P.W.1. Easa Jan, Inspector, complainant, P.W.2 Aurang Zaib, Constable, recovery witness of
Vehicle and Registratio n Book and P.W.3 Muhammad Ali, S. -I., Investigating Officer. After
the conclusion of the prosecution evidence the statement of the accused was recorded under
section 342, Cr.P.C. The accused also appeared as his own witness under section 340(2),
Cr.P.C. wh erein he deposed that he purchased the said vehicle from one Abdul Muhammad.
The accused also produced D.W.1. Muhammad Anwar and D.W.2 Muhammad Iqbal in his
defence.
5. The trial Court, on the basis of the evidence on record, convicted the appellant and
sentenced as noted above. Hence this appeal.
6. Learned counsel for the appellant has argued that the appellant had purchased the said
vehicle from one Abdul Muhammad, and he had no knowledge that the registration book was
forged and being a bona fide pu rchaser of the vehicle no case is made out against the
appellant under sections 468/471, P.P.C. because the registration book was handed over to
the appellant by said Abdul Muhammad and in this connection the appellant produced the
agreement dated 9 -12-2002 in support of his plea.
7. On the other hand learned standing counsel while opposing the submissions made by the
learned counsel for the appellant contended that the impugned judgment is a well -reasoned
and does not call for interference in the appella te jurisdiction by this Court.
8. I have heard learned counsel for the parties, have gone through the evidence on record and
also perused the impugned judgment with their assistance.
9. After scrutiny of the evidence, I am of the view that the prosecut ion failed to prove its case
beyond reasonable doubt against the appellant. There is no trustworthy evidence on record
which show that forged registration book was prepared by the appellant with a view to use
the same as genuine, knowingly to be forged. In order to attract the provisions of sections 468
and 471 P.P.C., the prosecution has to prove that a forged document was prepared and used
with the knowledge or reasons to be believed to be a forged document, because mere
possession of forged document is n ot an offence unless the same is fraudulently used as
genuine. There is no such evidence available on record. The forgery has been defined in
section 463, P.P.C. which reads as under:
Forgery .-Whoever, makes any false documents or part of a document, wit h intent to
cause damage or injury, to the public or any person, or to support any claim or title, or
to cause any person to part with property, or to enter into any express or implied
contract, with intent to commit fraud or that fraud may be committed, c ommits
forgery."
In view of the above facts and circumstances in my humble opinion prosecution has failed to
prove its case beyond reasonable doubt and therefore appellant was wrongly convicted by the
trial Court, there is no alternative but to accept th is appeal and acquit the appellant of the
charge.
A.R.K./28/Q Appeal allowed.This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
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