Law: Pakistan Penal Code, 1860

Section: XLV,409,420,468,471

Law: Prevention of Corruption Act, 1947

Section: II,5

(a)    Penal Code (XLV of 1860)-------Ss. 409, 420, 468 & 471---Prevention of Corruption Act (II of 1947), S. 5--Criminal breach of trust by public servant, cheating and dishonestly inducing delivery of property, forged document, using as genuine a forged document, criminal misconduct---Appreciation of evidence---Benefit of doubt---Appellant was charged for committing misappropriation of Rs. 1,082,500/= and making changes in ledgers/pay rolls---Prosecution case was based primarily upon the evidence of four witnesses including Post Master and Clerk of Post Office--However, perusal of record clearly reflected that there was no direct evidence available on the record, which could connect the appellant with the commission of the crime as the evidence adducted by two witnesses could not be relied upon against the appellant for the reasons that they were nominated as accused in the first FIR with the same allegation of misappropriation of amount including the appellant---Whereas, Clerk of Post Office stated in his evidence that since the NCHD Authority approached the Divisional Superintendent GPO for opening the accounts of trainees for receiving the stipend and on his direction, the accounts of the trainees were opened for receiving the stipend in various Post Offices---Said witness also stated in his evidence that on 29.09.2011 appellant came along with account holder for receiving amount of Rs.10,82,500/- from whom an authority letter, issued by appellant, was obtained for withdrawal of the amount and then account holder was given the amount---However, that witness during course of his cross-examination clarified that the misappropriated amount was deposited in the account of "GN" and that as per list provided by NCHD the post office was bound to pay Rs.2500/- to each trainee---Nevertheless, the said account holder, who withdrew the amount, was not an accused in the present case---Further, that witness also confirmed that the authority letter produced did not bear the date--While the other witness who was working as Post Master at Post Office also clarified in his evidence that the appearance of account holder and copy of his CNIC was…

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