1991 P Cr (PLP)

Mian Shahid Iqbal for the State. Date of hearing: 23rd February, 1991. Mst. Inayat Bibi, petitioner, alongwith three acquitted accused, namely, Sadiq, Muhammad Aslam and Fateh Ali were tried under sections 419, 420, 468 and 471, P.P.C. on the charge that she impersonated herself as Mst. Rashida Bibi before the Registrar and got alienated her land in favour of Basharat (absconder accused) vide registered sale-deed dated 5-8-1978.

2. The prosecution produced eleven witnesses. Mst. Rashida Begum P.W.1, Nazar Muhammad P.W.3, Imdad Ali P.W.5, Maqbool Hussain P.W.6, Waheed ur-Rehman P.W.7, Muhammad Hussain P.W.8, Sardar Ali, Finger Expert (P.W.9) Shahab Shah P.W.10 and Raja Khaliq Dad, Registrar, (P.W.11) supported the prosecution case. Sardar Ali P.W.9 stated that he had compared the thumb-impression of Mst. Inayat Bibi with her thumb-impression on the registration book and found both identical.

3. When examined under section 342, Cr.P.C., the petitioner denied all the incriminating circumstances.

4. On the conclusion of the trial, all the accused were convicted and sentenced to various terms of imprisonment and fine. The petitioner was convicted under sections 419 and 468, P.P.C. and sentenced to four years' R.I. and a fine of Rs.1,000 under section 468, P.P.C. and to one year's R.I. under section 419, P.P.C. The sentences were to run concurrently. The petitioner and her three co-accused riled appeal, which was entrusted to learned Additional Sessions Judge, Faisalabad, who vide his judgment, dated 13-10-1982 acquitted the co -accused, but maintained the conviction of the petitioner. The sentence awarded to the petitioner by the trial Court under section 419, P.P.C. was maintained. The sentence of four years' R.I. under section 468 was reduced to one year's R.1. The fine of Rs.1,000, in default six months' R.I. was upheld.

5. No one has appeared for the petitioner. Since the revision, after having been admitted, cannot be dismissed in default, so I have examined the case with the assistance of the learned counsel for the State. After hearing him, I feel persuaded to accept this petition for the reasons that the three co-accused have been acquitted; that the statements of the witnesses other than Sardar Ali, Finger Expert (P.W.9), have not been acted upon to their extent; that the conviction of the petitioner mainly rests on the statement of Sardar Ali, Finger Expert, who stated that the thumb-impression of the petitioner was compared with the thumb impression of Not. Rashida Bibi on the Register of registration and both were found of the same person. I feel that since the original Register of sale-deed was not produced in the Court; that the thumb-impression of the petitioner was not obtained in the presence of the Magistrate and that the thumb-impression of the petitioner was compared with the thumb-impression, which was on the Register of registration, therefore, it cannot be said with certainty that Mst. Inayat Bibi, the petitioner, and no other woman had appeared before the Registrar in place of Mst. Rashida Bibi. Furthermore, Mst. Rashida Bibi was not the beneficiary of the sale-deed nor is she related to Basharat vendee. The. woman, who appeared before the registrar as Mst. Rashida, was identified by Muhammad Habib-ullah, Advocate, who having died, could not be produced by the prosecution or in defence. In these circumstances, I feel that the prosecution has not been able to prove its case beyond reasonable doubt.

6. For what has been said above, the petition is accepted and the petitioner is acquitted of the charge, She is on bail. She stands discharged of her bail bond. S.A./1-258/L Revision accepted.