LAHORE: Upholding the sentence of a patwari on corruption charges, the Lahore High Court has observed that it is not easy to find direct evidence against an official involved in cheating and forgery of the record under his maintenance.

Convicts Arif Zaman (patwari) and Zulfiqar Ali (private person) filed an appeal against a 2012 sentence awarded by a special judge Anti-Corruption, Faisalabad under sections 420, 468, 471 of Pakistan Penal Code, and section 5(2) of Prevention of Corruption Act, 1947.

Justice Farooq Haider allowed the appeal of the private individual, however, upheld the conviction of the patwari, an official of the revenue department.

In his judgement, the judge observed that while deciding a criminal case, the approach of the court must be inquisitorial instead of adversarial.

He said in case of forgery, cheating and particularly by an accused who being official is also holder of the relevant record, it is not easy to find out the direct evidence because such officials when become cheater, make planning, manage the atmosphere/material, try their level best to conceal the relevant incriminating material.

He observed that in such cases accused officials usually argue that forgery comes to the knowledge of the affected person at a belated stage and it is more difficult to find out evidence due to passage of considerable time.

Therefore, the judge said in such offences the relevant material in form of documents/transactions can be given due credence while appreciating the evidence in light of maxim, “the thing speaks itself”, instead of emphasising the oral/direct evidence.

Justice Haider noted that the convict being patwari of the relevant area had full knowledge of an incomplete/dubious aspect of the record he forged to issue an unsanctioned mutation.

The judge ruled that the prosecution proved its case against appellant Zaman beyond shadow of doubt as he had been rightly convicted and sentenced by the trial court.

The judge dismissed the appeal to the extent of Zaman (patwari) and also recalled an earlier order of the LHC with respect to suspension of execution of the appellant’s sentence.

The judge directed the police concerned to proceed further in accordance with law.

Published in Dawn, October 20th, 2024