Law: Penal Code (XLV of 1860)

Section: 409,477-A

Law: Prevention of Corruption Act, 1947

Section: 5(2)

Penal Code (XLV of 1860) ¬    Ss. 409 477 A Prevention of Corruption Act (II of 1947) S.5(2) Appreciation of evidence All requirements of law had been fulfilled in framing the charge which did not suffer from any mistake, error, defect or ambiguity Accused, a bank employee, from the very beginning had the guilty intent and, therefore, in the first instance they had filled in the wrong Pay in slip and thereafter got an interpolation made in the Short Credit Register. which was very much visible on the document itself Signatures of the accused on the said Pay in slip had been verified by the Handwriting Expert whose testimony had gone unchallenged Accused had intentionally misappropriated the amount of Rs.2,50,000 deposited in the bank by the complainant and offences against them had been established on record by the prosecution beyond any doubt Trial Court had appreciated the evidence properly ¬Convictions and sentences of accused did not suffer from any illegality or irregularity and the same were upheld accordingly.    Muhammad Ilyas Khan and Moula Bux Bhatti for Appellants (in both the Criminal Appeals).   Khursheed A. Hashmi, Dy. A. G. for the State.   Dates of hearing: 27th and 28th May, 2002. JUDGMENT MUHAMMAD MUJEEBULLAH SIDDIQUI, J.The above appeals are directed against the judgment, dated 21 11 2001 passed by the Special Court (Offences in Banks) Sindh at Karachi, in Case No. 14 of 1994; .thereby convicting both the appellants, for the offences punishable under sections 409 and 477 A, P.P.C. read with section 5(2) of the Prevention of Corruption Act, 1947, and awarding sentence of R.I. for 7 years for commission of each of the offences and to pay a fine of Rs.5,00,000 by each of the appellants for each of the two offences and in default in payment of fine to under go R.I. for one year more each, for each time. The learned trial Court further directed that, if fine is paid by the appellants an amount of Rs.2,50,000 shall be paid to the bank/complainant as compensation. The two substantive punishments were directed to run concurrently. Benefit of section 382 B, Cr.P.C. was also extended. 2. Briefly stated that prosecution…

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