Law: Pakistan Penal Code, 1860

Section: 420,468,471

Law: Limitation Act, 1908

Section: 5

Law: Criminal Procedure Code (V of 1898)

Section: 412

(a) Penal Code (XLV of 1860)--- ----Ss.420, 468 & 471---Criminal Procedure Code (V of 1898), S.412---Cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document---Appreciation of evidence---Prosecution case was that accused and co-accused fraudulently got ATM card in the name of a account holder maintaining her account in a Bank and after getting her signature in connivance with co-accused persons, had withdrawn the amount of Rs. 107,5000/- from the Bank through ATM card and subsequently transferred to the account of accused maintained with the Bank---Record showed that a formal charge was framed to which the accused pleaded not guilty and claimed to be tried---Prosecution examined a witness and thereafter, accused admitted his guilt and submitted application to that effect and also recorded his statement in that regard---Accused was thereafter convicted and sentenced, which was based upon his on plea of guilt, therefore, he was not entitled to challenge the legality of his conviction by virtue of bar contained in S. 412, Cr.P.C.---Appeal of the accused being not maintainable in law, was dismissed, in circumstances. Rahid Ali v. The State 2018 SCMR 418 and Mst. Shaista Bibi and another v. Superintendent Central Jail, Mach and 2 others PLD 2015 SC 15 ref. Muhammad Anwar and others v. The State 1986 PCr.LJ 2164; Biloo Khan and another v. The State PLD 1967 Kar. 608; Bashir Ahmed v. The State 2010 MLD 1159; Muhammad Shafiq v. The State 2018 MLD 106; Wajid Ali v. The State and others 2013 PCr.LJ 1597 and Mrs. Moona Singh Arachige v. The State 1990 PCr.LJ 62 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 420, 468 & 471---Limitation Act (IX of 1908), S. 5---Cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document---Appeal---Limitation---Condonation of delay---Impugned was passed on 3-4-2013 and appeal was filed on 31-7-2017---Inordinate delay in filing of appeal had not been fully explained by the accused as well as no sufficient ground had been furnished by the accused for condonation of delay---Record showed that period of delay…

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