| Citation(s) |
|---|
| 1975 SLG 3264 = 1975 SLD 3264 = 1975 PLD 603 |
Lahore High Court
Criminal Appeal No. 114 of 1973, decided on 13th May 1974.
Presented By: Karam Elahee Chauhan, J
Ch. Masood Zakriya, Sh. Nisar Qutab and Sardar Sami Hayat for Appellant. Muhammad Ashraf Azlm for A: G. for the State.
Criminal Appeal No. 114 of 1973, decided on 13th May 1974.
Presented By: Karam Elahee Chauhan, J
Ch. Masood Zakriya, Sh. Nisar Qutab and Sardar Sami Hayat for Appellant. Muhammad Ashraf Azlm for A: G. for the State.
MUSHTAQ HUSSAIN-Appellant
VERSUS
THE STATE-Respondent
Law: Penal Code (XLV of 1860)
Section: 420, 468, 471
Law: Prevention of Corruption Act (11 of 1947)
Section: 5(2)
(a) Penal Code (XLV of 1860) Ss. 420 read with Prevention of Corruption Act (11 of 1947), S. 5(2)-Forgery-Cheating--Decretal amount being ordered to be refunded to decree-holder, robkar issued to Treasury Officer to intimate deposit number of amount but such robkar retained by accused Ahlmad of Court allegedly for being on leave due to his preparations for intermediate examination-Amount discovered to have been already withdrawn under forged refund voucher-No :evidence showing accused having forged or used any forged document or his having cheated anyone, or committing any misconduct-'Mere circumstance of accused having retained robkar---May be an .act of negligence but does not lead to inference of his having com mitted offences charged or being in collusion with other accused--- Nor could his absence from office be held, to have been in order to facilitate withdrawal of amount by persons concerned. Monir's 'Law of Evidence', Vol. 1, 1956 Edn. ; Maina Mia v. The State, 'P L D 1966 Dacca 589 ; Pir Hasan Din v. Emperor A I R 1943 Lah. 56 a. 8aramat Hussain v. The State 1972 S C M R 15 ref. (b) Penal Code (XLV of 1860) Ss. 468/471 & 420 read with Prevention of Corruption Act (IV of 1947), S. 5(2)-Forgery-Cheating-Court Reader involved in offence of forgery and cheating on ground of his being supposed to keep in his custody voucher book, one of whose vouchers was used in forgery and withdrawal of amount-Vouchers book, however, not kept in safe and used to lie like ordinary stationery and recovered by police from custody of another official-Sole custody of accused not established-No link of accused with other accused persons established to show collusion-Voucher neither containing any writing of accused nor any allegation made of his having accompanied real culprits to Bank or treasury-Accused, held, could not be convicted for any , offence in circumstances. (c) Penal Code (XLV of 1860) Ss. 468/471 & 420 read with Prevention of Corruption Act (Il of 1947), S. 5(2)-Forgery-Cheating -Accused found to have written on refund voucher in question "pay Rs. 1,13,769.50 (rupees one lac thirteen thousand seven hundred sixty nine…