Law: Pakistan Criminal Law Amendment Act (XL of 1958)

Section:

(a) Pakistan Criminal Law (Amendment) Act (XL of 1958), S. 6 (4)(S)-Criminal Procedure Code (V of 1898), S. 423-Sanction for prosecution under S. 467, P. P. C. "for forging signatures on the cheque "-Prosecution failing to establish forging of "signatures," but was able to establish forging of "other writings" on face and back of cheque-Special Judge nevertheless giving finding that accused had forged the " signatures " and convicting accused under S. 467, P. P. C.-Whether High Court could alter finding in appeal-Scope of S. 6 (4).   The accused was prosecuted under section 467, P. P. C. for "forging signatures" on the cheque of the person who operated the particular account in the Bank. The prosecution was unable to establish that the accused forged these " signatures " but was able to prove that the " other writings " on the face and back of the cheque were in the handwriting of the accused. In his examination by the Court, the accused was questioned both as to " signatures " and "other writings." The Special Judge, nevertheless, convicted the accused under Section 467, P. P. C. finding that the accused had forged the " signatures ":   Held that by virtue of section 6 (4), Pakistan Criminal Law (Amendment) Act, 1958 the Special Judge could have convicted the accused under section 467, P. P. C., and the High Court could uphold his conviction under that section if it was found established that he had forged the writings on the face and on the back of the cheque.   Section 6 (4) of the Criminal Law (Amendment) Act, does away with the requirement of the sanction altogether and the Court appears to have been given very wide powers to convict the accused of any offence which from the facts admitted or proved he appears to have committed. Subsection (5) of section 6 of the Act provides that previous sanction of the appropriate Govern ment shall be required for the prosecution of a public servant for an offence under this Act, but subsection (4) empowers the Special Judge to convict the accused of any offence, which from the facts admitted or proved he…