Law: Criminal Procedure Code (V of 1898)

Section: 365

  Criminal Procedure Code (V of 1898)--- ----S.367---Judgment---Judgment should be based strictly on the evidence available on record and should, above all things, be balanced not only in ideas but also in arrangement of different topics discussed therein---Findings cannot be based on conjectures alone.--[Judgment]. Prevention of Corruption Act (II of 1947)--- ----S.5(2)---Penal Code (XLV of 1860), S.218---Appraisal of evidence---Finding of trial Court was based on mere surmise and not on any evidence---No evidence was available on record to establish charge against accused---Accused was acquitted in circumstances. Criminal trial--- ---- A conviction is certainly not to be based on the weakness of defence, but only on the strength of prosecution case. Abdul Majid Abbasi for Appellant. Zawar Hussain Jafferi A.-A.G. for the State . Date of hearing: 27th February, 1990. JUDGMENT Appellant Girdharilal was tried alongwith co-accused Rajibdin by Mr. Abdul Jabbar Bachani, Special Judge, Anti-Corruption (Provincial) Sukkur, for the offence under section 467/468, P.P.C., read with section 5(2) of the Prevention of Corruption Act, 1947, who found the appellant guilty for the offence under section 218, P.P.C., read with section 5(2) of the Prevention of Corruption Act, 1947, and vide judgment dated 20-10-1982, sentenced him to pay a fine of Rs.10,000 (Rupees ten thousand only) or in default to suffer R.I. for six months. Co-accused Rajibdin was, however, acquitted. By this appeal filed under section 410, Cr.P.C., read with section 10 of the Pakistan Criminal Law Amendment Act, 1958, the appellant has questioned the legality and propriety of the conviction and sentence recorded against him. On 23-1-1971, City Survey Officer, Sukkur, addressed the following confidential letter to Director, Settlements, Survey and Land Records, Hyderabad:-- "It is respectfully reported as under:--   That one Ghulam Nabi, owner of C.S. No. 1276 Ward `D' Sukkur applied for the copies of the property card, as well as property register. The copies were prepared by Mr. Noor Muhammad, the clerk of this office and when those were put up before me for signatures, I made thorough…