Law: Pakistan Penal Code, 1860

Section: 409,465,470

Law: Prevention of Corruption Act, 1947

Section: 5(2)

Penal Code (XLV of 1860)----Ss. 409/465/470--- Prevention of Corruption Act (II of 1947), S.5(2)---Criminal breach of trust by public servant, by banker, merchant or agent; forgery; forged document and corruption---Appreciation of evidence---Allegation was that document in question was a forged document which had been prepared by the accused persons and was replaced with the original on the file---Not a single witness of the prosecution had stated that they were the accused persons who managed to replace the original disputed documents from the files by placing thereon the two forged documents---Witness in clear and unequivocal terms had admitted that, he, in his report had not indicated as to who was the person responsible for making the forgery and replacing the original with that of the disputed documents and that his findings were based on presumption and yet another opinion with regard to his findings could be made---Entire evidence produced by the Anti-Corruption Establishment was deficient to establish the involvement of accused for the offence of forgery---Nothing was on record, whether such documents were produced in evidence in civil suit, and they suffered on account of said documents---Record of the case was also silent as to by whom and by which authority the said documents were declared to have been tampered with or declared forged---Anti-Corruption Establishment, in absence of any original document, could not declare the copy of any document to be a forged one---Findings of conviction of sentence recorded by the Trial Court, could not be held to have been made on the basis of correct appreciation of evidence which could not be maintained and upheld, in circumstances---Conviction and sentence recorded by the Trial Court, was set aside, accused were acquitted and were set free. Federation of Pakistan through Secretary, Ministry of Law, Justice and Parliamentary Affairs, Islamabad v. Zafar Awan, Advocate PLD 1992 SC 72 and Federation of Pakistan through Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of Pakistan, Islamabad v. Zafar Awan PLD 2005 SC 19 ref. JUDGMENT MAZHAR ALAM KHAN MIANKHEL, J.---This judgment will dispose…

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