Case Details

Citation(s)
1962 SLG = 1962 SLD 2529 = 1962 PLD 1
Sindh High Court
Criminal Acquittal Appeal No. 364 of 1960, decided on 31st December 1960.  
Presented By: Qadeeruddin Ahmad and Wahiduddin Ahmed, JJ  
A. A. G. for Appellant.   Azizur Rehman Khan for
Respondent.   Date of hearing : 22nd December 1960.  

THE STATE-Appellant  

VERSUS

  MUHAMMAD HAYAT-Respondent

Law:

Section:

Appeal-From acquittal-High Court's "full" power to "review at large" evidence on which acquittal is founded-Considerations for Court's guidance-Omissions in prosecution case cannot be "dis regarded"-Criminal Procedure Code (V of 1898), S. 417: [Sheo Swarup v. King-Emperor A I R 1934 P C 227 (2) and Lalu v. The State P L D 1959 S C (Pak.) 258. ref.].       JUDGMENT   QADEERUDDIN AHMAD, J.-The Additional Advocate-General of West Pakistan and Ex-Officio Public Prosecutor, Karachi, has preferred this appeal with the previous sanction of the Government of West Pakistan against the acquittal of Muhammad Hayat by the First Additional Sessions Judge, Hyderabad.   The facts leading to this appeal, according to the prosecu tion are that on the 30th ofApril 1958 Rs. 60 were received at the Liaquat Bazar Branch of the Bahawalpur Bank and a draft for that amount in favour of S. Ghazanfar Ali, on the Hyderabad Branch of the Bank was delivered to Saidur Rehman. An intima tion that the draft was issued was sent by ordinary post by the Liaquat Bazar Branch to the Hyderabad Branch, which was received there on the 2nd of May 1958. The intimation, as received, there which is Exh. 6, was a draft for Rs. 61,000 had been issued Saidur Rahman appeared at the Hyderabad Branch on the 3rd of May, 1958, in the morning at about 9-30 a. m., and presented a draft for Rs. 61,000 for cashing ft on the basis of an endorsement purporting to have been made by S. Gnazanfar Ali. The Manager of that Branch became suspicious, and making a telephonic call to the Karachi Branch, discovered that a draft for Rs.60 only had been issued. He intimated the Cantonment Police Station, Hyderabad over the telephone, of the false draft that was presented for being cashed, and after some time, Aziz Ahmad A. S. I. called at the Bank, though according to him, he had gone there because of a suspicion entertained by him regarding the visit of Saidur Rahman to Hyderabad on the basis of secret information. Saidur Rehman was arrested in the Bank, and the draft was recovered from him on a personal search, vide mashirnama, Exh. 16, because it had not yet been…
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