Before Khawaja Muhammad Sharif SHAKEEL ASLAM vs THE STATE
The appellant, Shakeel Aslam, challenged his conviction and sentence of three months rigorous imprisonment for an offence under Section 193 of the Pakistan Penal Code 1860, imposed by the Additional Sessions Judge. The matter arose after the appellant, while seeking anticipatory bail, submitted a medical certificate and bed head ticket from Allied Hospital, Faisalabad, to justify his absence. Following verification, the Medical Superintendent of the hospital reported the documents as fake, confirming the appellant was never admitted. The appellant was subsequently charge-sheeted under Section 193 of the Pakistan Penal Code 1860, read with Section 476 of the Code of Criminal Procedure 1898. The appellant argued that the Medical Superintendent's report was whimsical and that he was denied a proper hearing. The High Court found that the appellant had been issued a show-cause notice and had submitted a detailed reply. As the appellant failed to produce the original discharge slip or controvert the hospital's report, the Court upheld the trial court's conviction and sentence, dismissing the appeal for lack of merit.
- Whether a conviction under Section 193 of the Pakistan Penal Code 1860 is sustainable when an accused submits a falsified medical document to a court?
- Does the submission of a detailed reply to a show-cause notice satisfy the requirement of an opportunity of hearing in summary proceedings?
- Can a conviction be maintained if the appellant fails to controvert an official report declaring a medical document as fake?
- Section 193, Pakistan Penal Code 1860
- Section 476, Code of Criminal Procedure 1898
1. ' Briefly stated the facts of the case are that Shakeel Aslam, appellant being accused in a case F.I.R.
2. No,184 of 1995, filed a petition for anticipatory bail which was allowed. On 30-11-1995, he tiled an application for adjournment alongwith a medical certificate. The learned Additional Sessions Judge was on leave on 30-11-1995 and the case was taken up on 7-12-1995. Shakeel Aslam did not appear and his counsel filed a photocopy of the bed head ticket to state that accused was admitted in the Allied Hospital, Faislabad for treatment of renal colic. The bail petition was adjourned to 17-12-1995 and the bed head ticket was sent to the M.S. Allied Hospital as to genuineness of the ticket. A report was submitted by the M.S. Of the hospital stating that the documents are fake and Shakeel was never admitted in the hospital. The M.S. Also submitted that the accused be directed to provide a copy of the discharge slip. Shakeel Aslam, vide his statement recorded on 30-5-1995 stated that he was not in possession of discharge slip of Surgical Unit No,II.
3. The appellant was charge sheeted for offence under section 193, P.P.C. Read with section 476, Cr.P.C. The appellant denied the allegation and submitted that the report of the M.S. Was whimsical, devoid of inquiry and as to discharge slip it was maintained that it was not obtained by him being a private person. The learned Additional Sessions Judge after having gone through the file sentenced the appellant to undergo R.I. For three months under section 193, P.P.C. Vide order, dated 19-3-1997.
2. Learned counsel for the appellant was unable to point out any misreading of the evidence on record on the part of the learned Additional Sessions Judge so as to justify a view contrary to the view of learned trial Court. He submitted that no opportunity of hearing was given to the appellant.
4. This contention is devoid of force because a show-cause notice was given and the appellant submitted detailed reply to that. Even today, learned counsel not in a position to show the original of discharge slip to controvert the report submitted by the M.S. Allied Hospital. There is no merit in this appeal which is dismissed. The conviction and sentence recorded by the learned Additional Sessions Judge are maintained.