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2003 SCMR 951

Mst. GHAFOORAN BIBI vs ABDUL GHAFOOR and others

Citation2003 SCMR 951
CourtSupreme Court of Pakistan
Case No.Criminal Appeal No. 183 of 1994
Date1999-10-18
Judge(s)Sh. Riaz Ahmad, Abdur Rehman Khan, Sh. Ijaz Nisar
ResultCase remanded

ORDER

' ABDUR RAHMAN KHAN, J.---On the complaint of the appellant that the accused/respondents joined together and prepared bogus and fake power of attorney on her behalf in favour of Allah Rakha respondent, and then on the basis of said power of attorney got her land sold through Mutation No.615 sanctioned on 11-11-1975, to Abdul Ghafoor, Mehdi Khan and Amanat Khan, some of the respondents, the local police registered a case against the respondents under sections 420/467/468/471, P.P.C. The accused/respondents were tried by a learned Magistrate 1st Class and by his judgment, dated 30-9-1984, convicted them to various terms of imprisonment under the said sections. But on appeal the learned Additional Sessions Judge through judgment announced on 31-10-1984, acquitted the respondents. The appellant (complainant) approached the High Court in revision against the acquittal judgment of the Appellate Court which was dismissed through the impugned judgment, dated 4-12-1993. Leave against the said order was granted in these terms:-- "The learned counsel for the petitioner has submitted that the learned Judge in Chamber has not discussed the evidence and has not passed a speaking order. There is sufficient evidence on the record on the basis of which the conviction of the respondents is recorded by the trial Court."

2. We heard the learned counsel appearing for both the parties.

3. The impugned judgment shows that neither any evidence on record has been commented upon nor any reason for the conclusion arrived at, .Has been disclosed. We, therefore, consider it apt and proper to set aside this judgment: and remand the case to the High Court to decide it afresh after hearing both the parties and disposed it of with a speaking judgment with reasons in support of the conclusion.

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