It goes without saying that charge under Section: 468, 471 PPC, has not been proved, meaning thereby that forgery for the purpose of cheating and using forged document as genuine by the petitioners, has not been proved in the case. Admittedly, any receipt containing signatures of petitioners showing receiving of alleged amount from any affected person by the petitioners has not been produced by the prosecution; any Form "فارم" issued to the complainant has not been produced; publications/advertisements as well as letter/Form containing “Congratulations” were produced by the complainant to police and not recovered from possession of petitioners; it has not been got duly proved by the prosecution that any writing or signature on the aforementioned letters/forms was of any petitioner; furthermore, it was not proved by the prosecution that said documents were forged, fake, bogus or falsely prepared by the petitioners; nothing incriminating has been recovered from the petitioners. So, when receiving of any amount/valuable security/ property or anything by the petitioners through cheating and dishonest inducement from the complainant or anyone else has not been proved, then basic ingredients/elements constituting offence under Section: 420 PPC are missing in the case. Hence, prosecution has been failed to prove charge under Section: 420 PPC against the petitioners beyond shadow of doubt. It is trite law that in such state of affairs there is no need to discuss defence version.
Crl. Revision 22730/17
ABDUL JABBER etc. Vs THE STATE ETC. etc.
Mr. Justice Farooq Haider
01-10-2021
2021 LHC 5156
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