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1972 SCMR 285

ABDUR REHMAN vs The STATE

Citation1972 SCMR 285
CourtSupreme Court of Pakistan
Case No.Criminal Appeal No. 280 of 1969 Petition for Special Leave to Appeal No.
Judge(s)Salahuddin Ahmad, Hamoodur Rahman
ResultLeave refused

1. SALAHUDDIN AHMED, J.-The petitioner is a Lambardar and he has been convicted under sections 419, 420 read with 114 of the Pakistan Penal Code and sentenced to one and two years' rigorous imprisonment, respectively, for the two offences.

2. The allegations against him are that he identified the alleged vendor as Kaura before the Patwari in the mutation proceedings and as a result of this identification the mutation was recorded and the purchaser was deceived into purchasing the property from the impostor. There is the evidence of the purchaser, P. W. 12 Ghulam Muhammad in support of the allegation. All the Court have found that the petitioner did in fact identify the impostor.

3. We are unable to accept the contention that the petitioner's identification was an innocent one and it did not in any way deceive the purchaser.

4. We do not think it is a fit case for our interference. The petition is accordingly dismissed.

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