Tuesday 23 June 2015

CHEATING, PERSONATION AND FORGERY (2011 SCMR 629)



IN THE COURT OF (NAME OF THE MAGISTRATE), JUDICIAL MAGISTRATE    1ST CLASS,  (NAME OF THE CITY).






        The State

Versus.

Accused and complete residential address


Case FIR No              000/0000 dated 00-00-0000
Offences U/S              420/468/471/170/171 PPC 
Police Station        (name of the police station and city)
Date of Decision        00-00-0000.    
J U D G M E N T

                   Concisely, the story of the prosecution as disclosed in the FIR was that complainant along with other traffic police officials while standing on duty in Bazaar,  suddenly  one car color white having registration NO.0000/ABC  along with logo of Legislative Assembly on the plates of registration number; that on suspicion the said vehicle was stopped and upon  inquiry driver failed to satisfy the officials; that driver told himself as owner of the vehicle but failed to produce any driving license or registration book of the said car; that accused used green number plates and also used said Assembly logo and in this way, the accused committed the offences punishable under Section 170/171/420/468/471 PPC and consequently the instant case was registered.
2.       Investigation of the case was conducted by Investigating Officer  who prepared the site plan, got recorded the statements of the witnesses under section 161 Cr.P.C., arrested the accused person and send him in judicial lockup and subsequently report U/S 173 Cr.P.C send to court for trial against accused person.
3.       After delivering of copies of statements of PWs as well as other documents as provided under section 241-A Cr.P.C., formal charge against the accused person was framed on 00.00.0000 against accused person under Section 170/171/420/468/471 PPC where-from he pleaded himself not guilty, therefore, trial of the accused was proceeded. 
4.      In evidence, statements of three prosecution witnesses were recorded.
5.       After conclusion of prosecution evidence, statements of the accused person was recorded under section 342 Cr.P.C. Accused person denied the commission of offence as well as depositions of the witnesses. Accused neither opted to record his statement under section 340(2) Cr.P.C. nor any defense evidence.  Anyhow, following was the version of accused person which was recoded separately of the accused person;
The allegation leveled against me is absolutely wrong and incorrect.  I have not committed any kind of cheating and personation of being member of Assembly is incorrect.  Traffic Police took my words seriously and registered this fake and false and fabricated case against me.”    

6.       After the conclusion of trial, arguments of the learned ADPP and counsel for accused person was heard.
7.       I have heard the arguments advanced by learned ADPP and learned defense counsel, perused the case file and gone through the evidence and record available on the file with their able assistance, my findings on the points for determination are as under:-
8.       Even a single glance at the scheme of oral evidence produced by the prosecution reveals that same is vividly pregnant with in number of insurmountable anomalies, paradoxes and contradictions.  Ex.PA, the written complaint, the complainant has stated that accused person committed personation and also made forgery by preparing green number plates along with logo of Assembly  and used the same and committed offences.  Even an exhaustive analysis of the statement of complainant, green number plates and logo of Government was made by accused and same was used, as deposed by complainant while appearing as witness but neither green number plates nor logo of assembly produced before the court. This very fact has cast clear cut shadow of doubt upon the very beginning of the occurrence as well as veracity and genuineness of the statement of the complainant, who by every yard sticks, is to be considered as a Star witness of the instant case and as such, his deposition matters the most. Similarly, PW also deposed that green number plates and logo of Assembly was made and used by accused. During cross examination, PW deposed that at the place of occurrence a few people was there but no one was ready to be made himself as witness of the case. PW-2 deposed that no private person was there at the place of occurrence whereas PW-3 deposed that there was number of peoples but no private witness was recorded. PW-3 admitted in his cross examination that he himself not prepared any memo of recovery of alleged forged green number plates nor any memo of recovery was prepared regarding the logo of Assembly. PW-3 also admitted that he never conducted verification of alleged forged green number plates and logo of Assembly from Excise and Taxation Department.   PW-3 admitted that he orally verified regarding registration book but no certificate was obtained from the department. PW-3 admitted that neither he obtained any certificate regarding verification nor attached any verification certificate with the report U/S 173 Cr.P.C.
9.       Prosecution failed to explain his vindication regarding non production of alleged green number plates and logo of Assembly with the record and also failed to prove that  why investigation agency not himself verified the alleged registration of green number plates affixed by the accused while collecting evidence in the instant case.  Even otherwise, during evidence prosecution failed to submit alleged green number plates and logo of Assembly with the trial court to prove the personation and forgery committed by the accused person.  Complainant had not produced any document on record to establish the personation and forgery which was as per prosecution evidence with the possession and approach of prosecution.  Evidence recorded did not connect accused with commission of offence beyond doubt.
10.        Not a single witness deposed that forgery was committed by the accused in their presence.  Prosecution got registered case against accused person U/S 170/171/420/468/471 PPC but not a single word uttered to prove guilt of accused person regarding forgery for the purpose of cheating and using as genuine of forged green number plates and logo of Assembly.  Prosecution only deposed in whole evidence that accused used green number plates and logo of Assembly on his car but this very fact was also not proved by the prosecution through evidence.  It is held by Apex Courts in chain of cases that prosecution is duty bound to prove its case beyond any reasonable doubt and if any single and slightest doubt is created, its benefit must go to the accused and that would be sufficient to discredit the prosecution story and to entitle the accused to acquittal.  Oral evidence as well as documentary evidence has not proved the involvement of accused person in the alleged occurrence beyond shadow of doubt.   It is held in 2011 SCMR 629 in case Sabir Ali Vs The State that:
         “General principle in criminal jurisprudence is that prosecution is to prove the case against the accused beyond doubt and this burden does not shift from prosecution, even if accused takes up any particular plea and fails in it….Any room for benefit of doubt in the prosecution case will go to accused and not prosecution.”               
11.          In this situation, there is very insufficient evidence produced by the prosecution and evidence which was recorded, have many lacunas and contradictions. No credibility can be assigned safely to convict the accused who is otherwise the favorite child of law and entitled for every benefit of doubt. In the light of above discussion, it is held that since prosecution has failed to bring any incriminating material and absolute free from doubt type of evidence against the nominated accused, therefore, by giving the benefit of doubt, accused is acquitted from the charges U/S 170/171/420/468/471 PPC in this case. Accused person is on bail.  His bail bonds are cancelled and his surety is discharged from further liabilities. File be consigned to the record room after due completion.     
          Announced:                                            
        (date)
                                                                   NAME
                                                   Judicial Magistrate 1st Class,
                                   Faisalabad.

           

No comments:

Post a Comment