Law: Penal Code (XLV of 1860)

Section: 408,411,34

Law: Criminal Procedure Code (V of 1898)

Section: 417(2A)

Penal Code (XLV of 1860)--- ----Ss. 408, 411 & 34---Criminal Procedure Code (V of 1898), S.417(2A)--Criminal breach of trust by clerk or servant, dishonestly receiving stolen property, common intention---Appreciation of evidence---Appeal against acquittal--Accused were charged for committing criminal breach of trust being employees and dishonestly receiving stolen property---Perusal of the findings of the Courts revealed that the appellate Court based its findings by referring to only statement of one witness and the audit reportand affidavits of respondents 1 and 2 besides application Mark-A and omitted to take into consideration the rest of the prosecution evidence comprising statements of 8 witnesses and certain documents--On the contrary, the Trial Court exhaustively discussed the entire prosecution evidence by determining points for determination and reasons thereupon---Not only that, but the Trial Court also appreciated the submissions of the defense and turned down the same with explanations---Noticeable that the entire prosecution evidence was repelled by appellate Court by rendering observations in omnibus fashion without reference to the said piece of evidence in-part or as a whole--Judgment-in-appeal even did not contain the details of the prosecution evidence--In such state of affairs, it could safely be held that the impugned judgment was result of misreading and non-reading of the evidence and, therefore, was not legally sustainable---Impugned judgment was set aside and matter was remanded to the appellate Court for re-writing of judgment. The Government of East Pakistan v. Hatem Molla and others 1968 PCr.LJ 622; Abdul Rashid Munshi and 3 others v. The State PLD 1967 SC 498 and Sona Mian and another v. The State PLD 1958 Dacca 572 rel. Date of hearing: 25th June, 2025. JUDGMENT ARBAB MUHAMMAD TAHIR, J.---Through the listed appeal under Section 417 (2A) of the Code of Criminal Procedure, 1898, Appellant Muhammad Zareef Ahmed impugn Judgment dated 14.12.2017, passed by the learned Addl. Session Judge-III (West) Islamabad, whereby appeal against conviction, filed by respondents 1 to 3- Muhmmad Rizwan Tahir Satti, Qari Waqar Ahmed and Raja Zahid…