Law: Criminal Procedure Code (V of 1898)

Section: 265-K

Law: Financial Institutions (Recovery of Finances) Ordinance, 2001

Section: 201(1)(a),(b)

Criminal Procedure Code (V of 1898)--- ----S.265-K---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), S.20(1)(a), (b)---Wilful default---Appreciation of evidence---Appeal against acquittal---Prosecution case was that respondent availed finance facilities but did not adjust their liabilities and committed default in fulfilling the financial and contractual obligations---Respondent was acquitted by Trial Court in exercise of S.265-K, Cr.P.C.---Validity---Trial Court recorded acquittal of the respondent on two grounds, firstly, that the FIA Forensic Laboratory had opined that loan papers contained fake signatures of respondent and secondly that respondent was out of country at the relevant time---As per S. 510, Cr.P.C., in case of report of Chemical Examiner, Assistant Chemical Examiner, Serologist, Finger-print and Firearm Expert appointed by Government or of the Chief Chemist of Pakistan Security Printing Corporation Limited, if any report was issued by the said named officers in respect of various fields of sciences mentioned in it then their report could be produced in evidence without calling them and could be used as evidence in any inquiry or trial or other proceedings under Criminal Procedure Code---Handwriting science was a completely different field and a different science than the other mentioned categories of sciences--- As such, the opinion/report of the handwriting expert could not be relied upon without examining its author and without taking the same on record and exhibiting in order to provide an opportunity to the other side to cross-examine him---Record reflected that the Trial Court had acquitted the respondent while considering his travel history obtained from the FIA---However, it was observed that an attempt to disprove or at least to challenge the authenticity of document should have been provided to the other side---Plea of alibi could be substantiated through leading evidence which an accused shall, no doubt, enjoy but at his turn within meaning of S.265-F of the Code---Law favoured the disposal of cases on merits---However, it was in the interest of justice that both the parties should be provided opportunity to…

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