ZULFIQAR ALI vs State S — 2022 MLD 456 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 MLD 456 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: MLD
Parties: ZULFIQAR ALI vs State S
Subject matter: Criminal
Provisions referred to: S. 468---C; S. 195---F; S. 195; Criminal Procedure Code (V of 1898)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ZULFIQAR ALI VS State S.468---Criminal Procedure Code (V of 1898), S.195---Forgery for purpose of cheating, offences relating to documents given in evidence---Appreciation of evidence---Benefit of doubt---Non-production of original documents in evidence---Scope---Accused was convicted for having forged the signatures of respondent on letters addressed to a government department with intention to cause damage to him---Held; S.195(1)(c), Cr.P.C., prescribed that no Court shall take cognizance of offence relating to document except on complaint, in writing of Court where it was found to be forged---Neither was there any finding of the Court that the documents were forged nor the complaint was filed by the Court itself or anyone under authorization of such Court---Such omission had made the very complaint to be infirm/barred under the provisions of S.195(1)(c), Cr.P.C.---No document, which was found to have been forged was produced in evidence by the complainant in original---No expert evidence, existed which could suggest that those documents were forged by the accused---Conviction and sentence recorded against the accused together with the impugned judgment were set aside.

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