Law: Penal Code (XLV of 1860)

Section: 408 , 468 , 6

  Penal Code (XLV of 1860)---   Ss. 408 & 468--Offences in Respect of Banns (Special Courts) Ordinance (IX of 1984;, S.6 & second Sched.. Appraisal of evidence -prosecution witnesses who had no motive to falsely involve the accused in the case and whose credibility could not be impeached in cross-examination had fully implicated him in the commission of the offence---Accused after the detection of fraud in order to unburden himself had not only voluntarily confessed about his guilt before his officers but even had given a writing about the mischief committed by him which he never denied--Misappropriation of the amounts in question stood proved by the oral as well as documentary evidence---Sentences awarded to accused by Trial Court were lawful in view of S.6 and Second Sched. of the Offences in Respect of Banks (Special Courts) Ordinance, 1984---Convictions and sentences of accused were upheld in circumstances. Penal Code (XLV of 1860)--- ----Ss. 408 & 468---Cradainal Procedure Code (V of 1898), S.164---Qanun-e Shahaciat (10 of 1984; Art. 37---Appreciation of evidence---Extra judicial confession ---Confession made by accused to a respectable person voluntarily when he is not in police custody can be made a basis for his conviction   Penal Code (XLV of 1860)-- ----S. 408---Criminal breach of trust by clerk or servant---Essentials---Essential ingredient of S.408, P.P.C. is dishonest misappropriation---Prosecution- has also to prove the entrustment of the property to the accused in the capacity of being a clerk or a servant or that he had dominion over the property. Penal Code (JH,V of 1860)- ----S. 468---Forgery for purpose of cheating---Forgery although by itself is a ~s ; substantive offence, yet it includes an element of attempt also---Normally it is -! done for a criminal act which follows forgery. Usman Ghani Rashid for Appellant. Syed Tariq Ali, Standing Counsel for the State. Date of hearing: 3rd May, 1995. JUDGMENT NAZIM UHSSAIN SITDDIQUI-, J.--This appeal is directed against the judgment dated 23-6-1983, passed by learned Presiding Officer Special Court (Offences in Banks), Karachi, whereby appellant Muhammad Akram Sheikh was…