Law: Pakistan Penal Code, 1860

Section: 109,218,409,415,420,000,000,000,000

Law: Qanun-e-Shahadat (10 of 1984)

Section: 2(c)(ii),72

Law: Criminal Procedure Code (V of 1898)

Section: 340(2),382-B

Law: Prevention of Corruption Act, 1947

Section: 5(2),5(2)47

(a) Penal Code (XLV of 1860)--- ----Ss. 409, 420, 486 & 471---Prevention of Corruption Act (II of 1947), S. 5(2)---Criminal breach of trust, cheating and forgery---Appreciation of evidence---Proof---Benefit of doubt---Accused was alleged to have prepared a forged documents on basis of which he misappropriated an amount of Rs.1,400,192/- in respect of salaries of bogus teachers---Trial Court convicted accused and he was variously sentenced maximum up to imprisonment for life---Validity---Complainant failed to state even a single word regarding involvement of accused in preparing of forged documents or he was witness of documents alleged against accused---Ingredients of S. 468, P.P.C. were not attracted in the case of accused---No evidence was available against accused that he cheated dishonestly to complainant and used forged documents as genuine, therefore, ingredients of Ss. 420 & 471, P.P.C. were also not made out---Benefit of even a single doubt was to be resolved in favour of accused and his conviction could not be sustained on such doubtful evidence adduced by prosecution---Prosecution failed to prove charge against accused beyond reasonable doubt and finding of conviction recorded by Trial Court could not be sustained---High Court set aside convictions and sentences recorded by Trial Court against accused and he was acquitted of the charge---Appeal was allowed accordingly. Muhammad Akram v. The State 2009 SCMR 230 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 415 & 420---Intention of cheating---Proof---Intention of cheating has to be discovered from evidences and not from recital or complaint. (c) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 2(c)(ii) & 72---Documentary evidence---Proof---Truth of contents of documents cannot be proved by merely producing same for inspection of court within purview of Art. 2(c)(ii) of Qanun-e-Shahadat, 1984---Documents upon which a party relies at first be placed before court and then to prove same by calling witnesses. Abdul Oayyum v. Muhammad Rafique 2001 SCMR 1651; Zia-ul-Hassan v. The State PLD 1984 SC 192 and Fazal Muhammad v. Mst. Chohara and others 1992 SCMR 2182 rel. THIS JUDGMENT DELIVERED BY: SARDAR…

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