Law:

Section:

(a) Evidence Act (I of 1872)-----S. 73-Handwriting identifica­tion-Court entitled to make independent comparison of handwrit­ing, apart from opinion of expert. (b) Evidence-----Finding of fact based on adequate evidence ­Cannot be set aside in appeal by surmises or speculation. (c) Conviction---May be based on evidence of sole dis­interested witness. (d) Pakistan Criminal Law (Amendment) Act (XL of 1958)-----S. 6 (5) read with S. 5 (1)-Sanction-Accused public servant no longer in service at time of grant of sanction-Jurisdiction of Court to try accused not affected whether sanction was necessary in law or not. JUDGMENT HAMOODUR RAHMAN, J.------This appeal, by special leave, is directed against the judgment and order of a learned Single Judge of the High Court of East Pakistan upholding the convic­tion of the appellant herein under section 409 of the Pakistan Penal Code. The appellant, who was at the relevant time the President of the Union Bard of Nasirakandi within Matlab Police Station of District Tippera, was charged with having committed criminal breach of trust in respect of a sum of Rs. 200 from out of the funds of the said Union Board by falsely showing the said amount as disbursed to one Chowkidar, Dhaniram Saiyal for his salary for ten months and by affixing a forged signature of the said Dhaniram Chowkidar in the pay-register. The said Chowkidar denied having received the said amount and actually filed an application to the Sub-Divisional Officer, Chandpur, praying that his salary for the said period be directed to be paid to him. The Sub-Divisional Officer caused an inquiry to be made Into the matter by the Circle Officer and as a result of such inquiry the case was referred to the District Anti-Corruption Branch, Comilla, which after investigating into the case and obtaining the necessary sanction for the prosecution of the appellant sent him up for trial before the ex-officio Special Judge, Tippera. The defence of the appellant appears to have been that since the said Chowkldar bad of his own accord ceased to come to the Board's Office from Chaitra 1362 B. S., corresponding to February-March 1956, the Union Board had in a meeting held on the 12th…

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