Law: Pakistan Penal Code, 1860

Section: 409, 468, 471 & 477-A

(a)    Penal Code (XLV of 1860)-------Ss. 409, 468, 471 & 477-A---Criminal breach of trust, forgery for the purpose of cheating, using as genuine a forged document, falsification of accounts--Appreciation of evidence---Co-accused acquitted on same set of evidence--Prosecution case was that the accused fraudulently and dishonesty defrauded and caused financial loss to the bank amounting to Rs. 19,09,000/----As per the prosecution case accused and co-accused were jointly involved in the misappropriation of funds/ amount and the deposit slips produced by the witnesses were alleged to be issued or signed by them---Both were sent up for trial however the Trial Court disbelieved the same evidence against co-accused and acquitted him and believed such evidence only against the accused and awarded a conviction---If a set of witnesses was disbelieved to the extent of some accused the same could not be believed in respect of the remaining accused facing the same trial without any independent and strong corroboration---Upon scrutiny of the material available on record, no corroboration was found to maintain the conviction and sentence of the accused---Circumstances established that the prosecution had failed to prove its case against the accused beyond any reasonable doubt---Appeal against conviction was accordingly allowed.Talat Mehmood v. Additional Sessions Judge, Rawalpindi 2022 PCr.LJ 649; Ashfaque Ahmed and 4 others v. The State 2022 PCr.LJ 38; Ulfat Hussain v. The State 2018 SCMR 313; Zafar v. The State 2018 SCMR 326; Imtiaz alias Taj v. The State and others 2018 SCMR 344 and Muhammad Ilyas, chief Manager/Attorney, Allied Bank Ltd v. Shahid Ullah and others PLD 2009 SC 446 and Muhammad Idrees and another v. The State and others 2021 SCMR 621 ref.(b)    Penal Code (XLV of 1860)-------Ss. 409, 468, 471 & 477-A---Criminal breach of trust, forgery for the purpose of cheating, using as genuine a forged document, falsification of accounts--Appreciation of evidence---Documentary evidence insufficient for conviction--Prosecution case was that the accused fraudulently and dishonesty defrauded and caused financial loss to the…

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