Law: Pakistan Penal Code, 1860

Section: 364A,409,420,466,467,468,471

Law: Criminal Procedure Code (V of 1898)

Section: 340(2),342,382B

Law: Prevention of Corruption Act, 1947

Section: 5(2)

Penal Code (XLV of 1860)--- ----Ss. 409, 420, 466, 467, 468 & 471---Prevention of Corruption Act (II of 1947), S. 5(2)---Criminal breach of trust by public servant, cheating and dishonestly inducing delivery of property, forgery of record of court, forgery for valuable security, forged document, using as genuine a forged document, presumption where public servant accepts gratification other than legal remuneration---Appreciation of evidence---Accused was alleged to have produced a fake/forged order of High Court for the release of his pay with allowances---Accused had assailed his conviction under S.364-A, P.P.C. before the High Court, however, his counsel had not pressed the appeal on merits and had requested for moderate reduction in sentence, which request was allowed---Accused, after his release, requested his department to release his outstanding salaries on the ground that his appeal had been allowed by the High Court on the basis of compromise and he was acquitted of the charge but to the contrary his conviction was maintained by High Court---Evidence produced by prosecution established that the accused had got his posting and salaries till his superannuation---Accused had not disputed the acquiring of posting and salaries till his superannuation by means of acquittal order (which was fake)---Conviction and sentence awarded by the Trial Court was maintained to the extent of Ss. 466, 468 & 471, P.P.C. and S.5(2), Prevention of Corruption Act, 1947---Appeal was disposed of accordingly. 1968 SCMR 1126; 1994 PCr.LJ 1116 and PLD 1999 Quetta 95 ref. THIS JUDGMENT DELIVERED BY: ABDUL HAMEED BALOCH, J.--- This common judgment shall dispose of Criminal Appeal No. 330 of 2017 and Criminal Revision Petition No.177 of 2017 as both these cases have arisen out of the same FIR. Through Criminal Appeal No.330 of 2017 the appellant namely Manzoor Ahmed has challenged the validity of the judgment dated 05.10.2017 (impugned judgment) passed by the Special Judge Anti-Corruption Balochistan Quetta (trial court), whereby the appellant has been convicted and sentenced in the following manner:-- Under Section 409, P.P.C. to suffer RI for ten (10) years and fine of…

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