Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: RUSTAM KHAN And Others VS Respondent: The STATE
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, S. A. Nusrat Title: RUSTAM KHAN And Others vs The STATE Case No.: Criminal Petition No. 128 of 1985 Criminal Revision No. 87 of 1985 Date of Judgment:1985-11-15 Reported As: 1986 SCMR 1091 Result: Leave granted
Judgment ORDER S.A. NUSRAT, J.--The petitioners alongwith one Muhammad Ilyas` (since acquitted by the trial Court) were tried for having allegedly forged and got registered a sale-deed, dated 20-2-1975 purportedly executed by the complainant Shamsuddin son of Qamru and his brother Muhammad Ilyas son of Haji Khawasi Khan. On trial the learned Magistrate found the petitioners guilty and convicted them of the offence under sections 420/468 and 471, P.P.C. While Muhammad Ilyas Khan was given benefit of doubt and acquitted. The petitioners filed an appeal against their co nviction which was dismissed by the learned Additional Sessions Judge, Kasur and their revision petition to the Lahore High Court was also dismissed as per impugned judgment, dated 23-2-1985. 2. It was contended, inter alia, by the learned counsel for the petitioners that the conviction was mainly based on the report of the finger-print expert who was not examined by the trial Court and the petitioners were thus given no opportunity of cross-examining him. 3. The re-appraisal of evidence in the circumstances of the case seems necessary. Leave to appeal is accordingly granted.