Case Details

Citation(s)
1975 SLG 863 1975 SLD 863 1975 PCRLJ 1151
Sindh High Court
Criminal Appeal No. 229 of 1973, 5th May, 1975
AGHA ALI HAIDER, J

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Muhammad Anwer

VS

The State

Law:

Section:

Keywords: Evidence, Receipt, Office, Orders, Leave, Investigation, Offences, Fine, Money, Conspiracy, Set Aside, Conviction, Magistrate, Prosecution, Forgery, Benefit Of Doubt, Order, Defence, Prevention Result: Appeal allowed JUDGMENT The appellant was convicted by the learned Special Judge (Central), Karachi, Camp at Hyderabad, for offences under section 468, P. P. C. Read with section 5(2) of the Prevention of Corruption Act, 1947, and sentenced to undergo R. I. For one year and a fine of Rs. 200 or to default to suffer R. I. For two months more. Aggrieved by the judgment of the conviction and sentence, he has come in appeal. 2. The prosecution story in brief is that on 31-8-1967, a money order for Rs. 90 was sent from Peshawar to one Muhammad Iqbal at Wah Cantt. It is alleged that the same money order had reached Hyderabad. Where the amount was changed from Rs. 90 to Rs. 160 and even the name of the payee was changed from Muhammad Iqbal to one Israr Ahmed. It appears that for certain reasons the suspicion of the Sub-Postmaster of Latifabad Branch was aroused, and he made a reference to the originating Post Office as well as to the General Post Office at Hyderabad, and when the realities came to light, he sent a report to the S. H. O., Latifabad Police Station. The S. H. O. Arranged a trap which was attended by H. C. Nasim Hussain Shah and two mashirs. One Israr Ahmad, a typist in the office of Co Axial Section of Telephone Department, was arrested by the Police -as soon as he had received the money order. Subsequently, the appellant also was apprehended by the Police as he was working as the dealing clerk in the General Post Office, Hyderabad. Later on, his specimen signatures were obtained in the presence of a Magistrate and sent to the Handwriting Expert. The latter reported that the over-writings and interpolations in the money order form were in the hand of the present appellant. As a result of this report, the case was sent up after due investigation against the appellant and Israr Ahmed, the recipient of the money order in question. 3. The appellant denied having anything to do with the forgery of the other allegations made against him. His stand was…
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