Law:

Section:

(a) Penal Code (XLV of 1860)----Ss. 409/420/468/471---Prevention of Corruption Act (II of 1947), S.5(2)---Constitution of Pakistan (1973), Art.185(3)---Reappraisal of evidence---Corruption and misappropriation of Government funds---Return of amount misappropriated---Accused being Drawing and Disbursing Officer, misappropriated the salaries of staff---Amount so misappropriated was recovered from her possession---Employees to whom salaries were not paid, they had appeared as prosecution witnesses and fully supported the case---According to Handwriting Expert, the accused had forged the signatures of some of the employees on the documents---Trial Court convicted the accused and sentenced her to nine months imprisonment and was also awarded fine---Conviction and sentence awarded by Trial Court was maintained by High Court---Plea raised by the accused was that the embezzled amount had been returned by her and there was no loss to public exchequer---Validity---Such plea had gone against the accused as she initially committed misappropriation of the Government money, may be temporarily, but later on, under the fear of prosecution of case, she got recovered the amount which was misappropriated by her by forging the signatures of some of the employees and tampering with the record---Even before registration of the case, salaries of some of the persons were paid by the accused---Prosecution had successfully established guilt against the accused---Supreme Court declined to interfere with the conviction and sentence awarded to the accused---Leave to appeal was refused. (b) Criminal Procedure Code (V of 1898)--- ----Ss. 233 & 537---Misjoinder of charge---Irregularity---Plea raised by the accused was that the proceedings suffered for misjoinder of charge---Effect---Even if it was presumed that the proceedings suffered from misjoinder of charges, the same could be cured under the provisions of S.537, Cr.P.C. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.---Listed petitions have been filed by convict Salma Shahida who has been sentenced, details of which will be given hereinafter, by Special Judge, Anti-Corruption vide judgment, dated 29th September, 2000, separately delivered in…

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