Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--S 409--Offences in Respect of Banks (Special Courts) Act (IX of 1984), S.10-­Constitution of Pakistan (1973), Art. 185(3)--Accused working as Cashier in Bank held responsible for loss of prize bonds which were found missing from his cash .! box--Overwhelming evidence was produced by prosecution against accused but crucial question on which case turned was whether prize bonds were in the charge or under custody of accused when they were found missing--Circumstantial .~ evidence showed that prize bonds and cash were in exclusive custody of the accused--Sufficient evidence was also available on record sustaining finding of t guilt recorded by Courts of fact and there existed no reason to upset same--Leave to appeal against conviction and sentence refused. (b) Constitution of Pakistan (1973)-- ---Art. 185(3)--Petition for leave to appeal--Reappraisal of evidence not undertaken by Supreme Court. Abdul Hafeez Memon, Advocate Supreme Court and M.I.Memon, " Advocate-on-Record for Petitioner. Nemo for the State. Date of hearing: 7th July, 1988. ORDER ZAFFAR HUSSAIN MIRZA, J.--This is a petition for leave to appeal, from the judgment of a Division Bench of the Sind High Court, dated 15th July,' 1987, whereby the appeal filed by the petitioner against his conviction under section 409 P.P.C., and sentence passed against him was dismissed. 2. The petitioner was working as Cashier at Muslim Commercial Bank Limited, Plaza Branch, Karachi. The case of the prosecution was that on 8th August, 1983, at about 3 p.m. it was found that a bundle of 149 prize bonds of the denomination of Rs.1,000 each amounting to Rs.1,49,000 under the charge of the petitioner were misappropriated/stolen by him whereby loss to the tune of the aforesaid amount was sustained by the bank. 3. The petitioner was tried by the Special Court (Offences in Banks) at Karachi. The primary evidence on which the prosecution relied was furnished by Muhammad Hanif Khan (PW 1) who was the Manager of the Branch at the relevant time. According to his version the petitioner was the Head Cashier and in that capacity held one of the two keys of the cash safe located in the branch, the other one…

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