This is a revision petition filed by Mst. Ghulam Sakina, petitioner, against the judgment of the learned Sessions Judge, Jhelum, dated 28th June, 1972, maintaining her conviction under sections 419/109 and 420/109, P. P. C. But reducing her sentence to a fine of RS. I.000 or in default of payment of fine to undergo R. I. For six months in respect of each of the offences. The learned Sessions Judge also ordered that in case the fines were paid, Rs. 1,500 would be paid to Mst. Badar-un-Nisa and that in case fines were not paid, sentences in lieu of fine would run concurrently. Earlier, a Section 30 Magistrate of Chakwal had sentenced the petitioner under sections 419/109, P. P. C. To imprisonment till the rising of the Court and to pay a fine of Rs. 2,000 or in default of payment of fine, to undergo nine months' R. I. And under section 420/109, P. P. C. To imprisonment till the rising of the Court and a fine of Rs. 3,0(0 or in default of payment of fine, to rigorous imprisonment for 1 -- years.
2. The brief facts of the case are that one Ahmad Shah, a resident of Chakwal, died in 1952. The complainant, Mst. Badar-un-Nisa P. W. 3, is his daughter. She was a child of two or three years old at the time of the death of her father. She inherited an amount of Rs. 1,000 in hard cash. As it could not be paid to her, therefore, a postal saving certificate No. PS/FO-019430 was purchased on 30th December, 1952 for the face value of RS. I.,000 in her name. Mst. Badar-un-Nisa P. W. 3 left the town of Chakwal with her mother and settled at Mirpur Khas. She passed her matriculation there. After a few years of attaining puberty, she came to Chakwal in order to receive the amount of her postal saving certificate. When she went to receive the amount, she found that some fictitious person had received the sum of Rs. 1,500 on the strength of her certificate, which was cashed on 29th November, 1967. She made a report to the Police on 18th April, 1969.
3. The investigation conducted by the Police revealed that Mst. Ghulam Sakina, accused, who is the sister of the father of Mst. Badar-un-Nisa P. W. 3, had appeared before the Postal Authorities, had identi--fied some woman as Mst. Badar-un-Nisa and got the disputed amount paid to her. Before the Postal Authorities, Mst. Ghulam Sakina accused was identified by Abdul Majid P. W. 5.
4. Both the lower Courts, relying upon the testimony of Mst. Badar-un-Nisa P. W. 3, Arshed Ali P. W. 4 and Abdul Majeed Qureshi P. W. 5, convicted and sentenced the accused as, stated in para. 1 above.
5. I have heard the arguments of learned counsel for the peti--tioner and the State and have also perused the record. The learned counsel for the petitioner mainly took up the point raised by him during motion hearing on 13th September, 1972, namely that it was not conclusively proved on the record that the petitioner was ever in possession of the postal certificate which was alleged to have been cashed by her. Learned counsel also lamely argued that the offences against the petitioner were not made out on the evidence on the record. As regards the first submission made by the learned counsel for the petitioner, the evidence of Mst. Badar-un-Nisa P. W. 3 is clear, which shows that after her father died, a sum of Rs. 1,000 which came to her share of the estate, was invested by her grandfather in a postal saving certificate, which certificate he retained till his death and after which it came into the custody of her paternal-aunt Mst. Ghulam Sakina petitioner. She also submitted that when she was about 2/21 years old her father died and for a short while after his death she had shifted to Mirpur Khas (Sand) with her another. Nothing hat, been brought out in the evidence of Mst. Badar-un-Nisa P. W. 3 that she had any enmity with the petitioner or any animus against her so, as to involve her in so serious a charge. In these circumstances, her solitary statement, which has been also accepted by both the lower Courts, is sufficient to prove that the saving certificate in question fell into the possession of the petitioner after her father Jan Shah i. e.
The grandfather of Mst. Badar-un-Nisa P. W. 3) died in Chakwal. As regards the merits of the case in general, the evidence of Abdul Majid Qureshi P. W. 5, the Hand Writing Expert, conclusively shows that the signatures of the recipient on the disputed saving certificate were not that of Mst. Badar- un-Nisa complainant P. W.
3. Arshad Ali P. W. 4, who was an Assistant Postmaster at Chakwal and paid the money on the disputed saving certificate, clearly stated that the petitioner and another burqa-clad lady came to receive the amount and on the identification of the petitioner, he paid the amount to the accompanying lady, which was clad in burqa. In these circumstances, it is clear, that the petitioner put up another woman, clad in burqa, to pose as Mst. Badar-un-Nisa, and received the amount of the saving certificate. The evidence of Ghulam Shabbir D. W. t produced in defence by the petitioner has been rightly disbelieved by both the lower Courts, for reasons given by them in some detail, which I need not repeat, but which otherwise clearly show that he is an untruthful witness on whom A no reliance can be placed. In these circumstances, it cannot be denied that the prosecution has been able to prove its case against the petitioner. No interference in revision is called for.
6. For the foregoing reasons, there being no merit in this petition the same is dismissed. The judgment of the Sessions Judge is maintained. The petitioner shall deposit the fine within a month.
In case she fails to do so, warrants for arrest should be issued.