Law: Pakistan Penal Code, 1860

Section: 409,420,468,471

Law: Limitation Act, 1908

Section: 5

Law: Criminal Procedure Code (V of 1898)

Section: 265-H(1),342,417

Law: Prevention of Corruption Act, 1947

Section: 5(2)

Penal Code (XLV of 1860)--- ----Ss. 409, 420, 468 & 471---Prevention of Corruption Act (II of 1947), S. 5(2)---Limitation Act (IX of 1908), S. 5---Criminal Procedure Code (V of 1898), S. 417---Criminal breach of trust by public servant, cheating, forgery for purpose of cheating, using as genuine a forged document---Appeal against acquittal---Delayed sanction for appeal by authorities---Condonation of delay---Plea raised by authorities that delay had been caused due to lengthy procedure of sanction from concerned quarters---Record showed that appeal was filed after the delay of about twenty-three months---Validity---Government could not be treated differently from a private litigant on question of limitation under S.5 of the Limitation Act, 1908---Grounds/explanations for filing appeal after expiry of limitation were not convincing---Appeal being time-barred, was dismissed, in circumstances. Mst. Sirajun Munira v. Pakistan through Assistant Deputy Director General (Admn), Islamabad 1998 SCMR 785; Pakistan through Secretary, Ministry of Defence v. Messrs Azhar Brothers Ltd. 1990 SCMR 1059; 2002 SCMR 1903 and The State v. Syed Ali Baqar Naqvi and others 2014 SCMR 671 rel. THIS JUDGMENT DELIVERED BY: ABDUL MAALIK GADDI, J.--- This Criminal Acquittal Appeal has been filed by Utility Store Corporation of Pakistan (Pvt.) Ltd. through its Regional Manager against the Judgment of learned Special Court (Central-I) Karachi dated 31.3.2016 in Case No.03/2001 (re. The State v. Khalid Sohail Ansari) arising out of Crime No.01/2001 registered at PS FIA Crime Circle-I, Karachi, under Sections 409/420/ 468/471, P.P.C. read with Section 5(2) of PCA-II 1947, whereby the learned trial Court after full dressed trial acquitted the respondent No.2 under Section 265-H(1), Cr.P.C. by giving him benefit of doubt. 2. Brief facts of the case as per FIR are that the accused Khalid Sohail Ansari while posted as Incharge, Utility Store, Mehmoodabad, Karachi during the period from 19.3.1998 to 07.8.1999, a surprise audit was conducted of the said store by the Accounts Officer as the accused has failed to reconcile the account, the Accounts Officer prepared ex-parte account on the basis of…

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