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Criminal Petition No. 128 of 1985, heard on 16th November,1985.
(On appeal from the judgment and order of the Lahore High Court at Lahore, dated 23‑2‑1985 passed in Criminal Revision No. 87 of 1985).
‑‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), S. 420/468‑‑Leave to appeal grant of‑‑Reappraisal of evidence‑‑Conviction of petitioners under 5.420/468, P.P.C. mainly based on report of finger‑print expert who was not examined by trial Court‑‑Petitioners having been deprived of opportunity to cross‑examine such expert, leave to appeal granted to reappraise evidence in circumstances of case.‑‑[Evidence].
Talib H. Rizvi, Advocate Supreme Court instructed by S. Ali Imam Naqvi, Advocate‑on‑Record for Petitioners.
Nemo for the State.
Date of hearing: 16th November, 1985.
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.
M.I. Leave granted.
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