Mst. GHAFOORAN BIBI vs ABDUL GHAFOOR and others
This matter arises from a criminal complaint filed by the appellant alleging that the respondents fabricated a bogus power of attorney in her name and fraudulently alienated her land, leading to criminal proceedings under sections 420, 467, 468, and 471 of the Pakistan Penal Code 1860. The trial court convicted the respondents, but the appellate court reversed the decision and acquitted them. The appellant's criminal revision petition before the High Court was dismissed by way of a non-speaking order, prompting the appellant to seek leave to appeal before the Supreme Court of Pakistan. The core legal question was whether the High Court was justified in dismissing a criminal revision petition through a non-speaking order without discussing the evidence. The Supreme Court held that the High Court failed to comment on the evidence or provide reasons for its conclusions. Consequently, the Court set aside the impugned judgment and remanded the case to the High Court for a fresh decision through a reasoned, speaking judgment. The key principle laid down is that appellate and revisional courts must pass speaking orders supported by reasons and discussion of the available evidence.
- Whether the High Court is required to discuss evidence and provide a speaking order while deciding a criminal revision petition against acquittal?
- What is the legal effect of a non-speaking judgment passed by the High Court in a criminal revision?
- Can an appellate or revisional court dispose of a case without disclosing reasons for its conclusion?
- Section 420, Pakistan Penal Code 1860
- Section 467, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
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.