1. ' The appellant was convicted by the learned trial Court on 17-10-1993. He preferred Criminal Appeal No,234 of 1991 which was allowed and the matter was remanded to the learned trial Court on 17-10- 1993 for recording the testimony of the expert witness. Accordingly the learned trial Court examined the expert witness and thereafter passed the impugned judgment resulting in conviction of the appellant.
2. ' I have heard Mr. Shoukat Hayat learned counsel for the appellant and Mr. Mushir Alam learned standing counsel and perused the record.
3. Learned counsel for the appellant submits that Muhammad Aslam who was the main witness in this case was examined but the case property was not produced so that he could say whether those were the same stamps or not. Moreover the report of the expert witness is vague as he was not specifically stated that the case 'property was a forged documents. However, learned Standing counsel submits that there is ample evidence in support of the main charge. Be that as it may he frankly concedes that the learned trial A Court failed to append certificate under S.364 Cr.P.C.
4. Which is a mandatory requirement of law. This matter is pending since 1986 therefore keeping in view the facts and circumstances of this case in my humble view it is not a fit case for remand.
5. Accordingly the appellant is given the benefit of doubt and for detailed reasons to be recorded later-on this appeal is allowed and he is acquitted.