Law: Penal Code (XLV of 1860)

Section: 409, 109, 467

(On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 31st October 1969, in Criminal Appeals Nos. 431 and 432 of 1965).   Penal Code (XLV of 1860); Ss. 409/109 & 467-Criminal misappropriation-Forgery-Government servant entrusted with money to purchase certain goods, fabricating false cash memo. showing inflated quantity of goods at fictitious rate of purchase and thereby misappropriating certain sum-Cash memo. definitely opined by Hand writing Expert to be forged in the handwriting of accused-Expert's opinion corroborated by presence of impression of seal of accused's office on cash memo and such affixation of seal not possible without knowledge and assistance of accused-Accused's guilt, held, satisfactorily established- Petition for leave to appeal rejected. Date of hearing : 17th June 1970. JUDGMENT M. R. KHAN, J.-The petitioner Nazimuddin was a clerk cum-salesman of the show room of the Dacca Central Jail. He was tried along with Tobarakullah Bhuiyan who was the Superin tendent of Babur Hat State Orphanage under Police Station Chandpur in the district of Comilla. Tobarakullah was charged under sections 409 and 471 of the Pakistan Penal Code, but the petitioner was charged under sections 467 and 409/109 of the said Code. They were tried by the Assistant Sessions Judge and Ex-Officio Special Judge of Comilla. Both of them were convicted and sentenced for the offences for which they were tried. Their convictions and sentences were upheld on appeal by a learned Single Judge of the High Court of East Pakistan. The petitioner now seeks special leave to appeal against the judgment and order of the High Court. Tobarakullah also filed a petition for special leave to appeal, but his petition was dismissed on the 30th of the last month. The prosecution case was that Tobarakullah who had been entrusted with a sum of Rs. 8,500 by the Sub-Divisional Officer, Chandpur to purchase some blankets for the Babur Hat State Orphanage, purchased from the petitioner 245 blankets for the sum of Rs. 4,338.95 at the rate of Rs. 17.71, each under cash memo. No. 22, dated the 26th January 1963. In order, however, to make…