Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 410--Pakistan Penal Code, 1898 (V of 1860 (XLV of 1860), Ss. 409, 471 & 477-A--Prevention of Corruption Act, 1947, S. 5(2)----Conviction and sentence--Appeal against--Challenge to--Upper division Clerk of National Saving--Fraud with Government money--Charge of--What mode should be adopted by prosecution to adduce evidence if number of cases have arisen out of one FIR--Question of--Law requiring adjudication of matter through evidence direct or substantial--Basic theme of criminal justice system is that onus to prove a case lies upon prosecution beyond all shadow of doubt--Trial should be strictly in accordance with law where by in each case original set of documents was required to be produced to substantiate allegations of misappropriation--In cursory manner trial Court had recorded evidence of one witness and vibration copy has been produced in rest of twenty two cases--Mode adopted is not in consonance with law and has not been appreciated--Material witnesses were not examined--Specimen signatures of account holders were taken but prosecution did not produce sufficient evidence in proof of signatures obtained--Appellant was examined u/S. 342 Cr.P.C, verbatim copies of statements were placed on record on different files which does not contain full and true accounts violates mandatory provision of S.342 Cr.P.C as law requires needs to be done in a particular manner in which same has been produced not in any other manner--Benefit of doubt extended in favour of appellant--Conviction and sentence awarded to appellant were set aside--Appeals allowed. Appraisal of evidence-- ----Every criminal proceedings (and in fact every civil proceedings) it to be decided on material on record of that proceeding--Neither record of another case nor any finding recorded therein should affect decision--If Court takes into consideration evidence recorded in another case of a finding recording therein is vitiated--Finding recorded in a criminal case is not legal evidence in another criminal proceeding--There is an express provision in evidence Act, S. 43, which debars Court from taking it into consideration--It makes no…

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