1989 P Cr (PLP)

SAJJAD ALI SHAH, J.‑‑ This appeal arise:, from Case No. 9‑B of 1985 and is directed against impugned judgment dated 8-8-1987 of learned Presiding Officer, Special Court (Offences in Banks) Karachi. Five persons were put on trial out of whom two namely Abdul Qader and Munaf were acquitted as prosecution was unable to prove the case against them beyond doubt as such they were given benefit of doubt. Trial Court convicted Abdul Majeed and Muhammad Amin for offence under section 420, P.P.C. and sentenced each of them to R.I. for 2‑1/2 years and fine of Rs.4 lacs or in default R.I. for six months. Trial Court convicted appellant Haroon for offence under section 420, P.P.C. and sentenced him to R.I. for six years and a fine of Rs.2 lacs or in default R.I. for 18 months and for offence under section 477‑A, P.P.C., he has been sentenced to R.I. for five years. In respect of him trial Court has directed that substantive sentences shall run concurrently while sentence of default of payment of fine would run after the expiry of the substantive sentences. All the accused convicted as mentioned above were also given benefit under section 382‑B, Cr.P.C. Only Muhammad Haroon Rehmani has filed appeal against his conviction and sentence. Appellant Muhammad Haroon Rehmani has been convicted and sentenced by the trial Court in six different cases and he has filed six appeals, Offences charged against him are under sections 420 and 477‑A, P.P.C. Cases were split for the reason that according to the prosecution appellant Haroon working as Machine Operator in Stock Exchange Branch of U.B.L. cheated the. Bank and misappropriated the amount over a period of six years hence for each year a separate case was filed as is required under the law. Since evidence in all the cases is mostly the same and points urged before us with regard to the facts and law relating to the evaluation of evidence are also same and common hence reasons given by us in leading judgment in Criminal Appeal No.137 of 1987 may be read in conjunction with judgment in present appeal. This we have done for the reason that same arguments were advanced by the learned counsel for disposal of all the appeals. In the case arising from this appeal the charge covers transactions for the period from February, 1981 to December, 1981. Total amount involved and misappropriated during the period stated above is Rs.11,60,

000. It is the case of the prosecution as stated in the charge that in pursuance of their plan and in furtherance of their common intention, appellant Haroon opened S.B. Account No.123‑G with Stock Exchange Branch of U.B.L. Karachi where he was working as Machine Operator and Muhammad Munaf and Abdul Qadir opened joint Account No.2218 with the same Branch while Abdul Majid and Muhammad Ameen opened partnership Account No. 2261 with the same Branch in the name of Messrs Yousuf and Nisar Company. Appellant Haroon also opened Account No.12922‑1 with Keamari Branch of U.B.L. and Muhammad Ameen and Abdul Majid opened Account No.564 with Soldier Bazar Branch of M.C.B. in the name and style of Messrs Yousuf Nasir and Co. and Abdul Majid opened Account A No.‑797 in the name of National Medical Store with Nayabad Branch of H.B.L. Appellant and other co‑accused in furtherance of common intention deposited Rs.15,10,000 between February, 1981 till December, 1981 by 12 pay‑in‑slips by various cheques on Account No.SB‑123‑G. CD Account No.2218 and CD Account No.2261. Appellant Muhammad Haroon knew that Account No.SB123 G, CD Accounts Nos.2218 and 2261 had no balances, he destroyed the cheques and forwarded credit advices alongwith pay‑in‑slips to clearing house for onward transmission to the respective accounts in question for crediting the total amount in Accounts Nos. 12922‑1, 564 and

797. Ultimately appellant and other co -accused withdrew amounts from their respective accounts and committed criminal breach of trust in respect of total amount of Rs.15,10,

000. Appellant Haroon Rehmani falsified daily supplementary sheets by giving wrong total and falsified entries in general ledger in Stock Exchange Branch. In the trial Court prosecution examined as many as 12 witnesses in support of their case. P.W.1 is Zaki Ahmed, who is Vice‑President of Zonal Head of U.B.L. in City Zone, Karachi. After fraud was discovered he was sent to Stock Exchange Branch where he was informed by Manager Arif Rasheed that misappropriation of Rs.97 lacs was committed in the Branch. In his presence and in presence of other officers appellant Haroon admitted his gilt orally and then in writing. P.W.2 is Arif Rasheed Manager of the Bank, who discovered fraud and filed F.I.R. In the trial Court he produced as witness a large number of documents as Exhs.3/A to 3/L, 3/M, 3/N and 3/O. P.W.3 is Abdul Razzak, who deposed that Qudus and Sattar took from him on rent shop in his building in the name of Mst. Abida wife of appellant Haroon vide tenancy agreement Exh.4/A. In that shop Medical Store was opened in the name of Yousuf Medical Store and was being run by Qudus. P.W.4 is Abdul Majid, who deposed that at the relevant time he was working in the Stock Exchange Branch of U.B.L. as Manager while appellant Haroon was working as Machine Operator. Munaf and Abdul Majid were friends of Haroon and used to visit him in the Branch. He saw and identified his signatures in the account opening forms Exhs.3/D, 3/D‑2 and 3/D‑3 in respect of Account Nos. 2218, 2261 and 123‑G. He further stated that signature in Exh.3/D was not his, as this account was opened not during the time while he was Manager. He specified duties of appellant as Machine Operator and identified his handwriting in supplementary sheets Exhs.3/1 to 3/1‑10 in respect of totals as well as his initials under the said totals. P.W.5 is Syed Ahsan Hussain who deposed that he had been working as an officer in Stock Exchange Branch of U.B.L. from 1978 till May, 1.985. He further stated that Account Nos. 2218 and 2448 were opened vide Exhs.3/D and 3/D‑1 in the name of National Medical Store and Rehmani Commission Shop. Both Exhs.3/D and 3/D‑1 were filled in by appellant Haroon in his own handwriting. Account No. 2218 was opened by Munaf and Qadir and Account No.2448 was opened by Abdul Majid, Amin and Haroon Rehmani. This witness further described duties of appellant as Machine Operator including preparation of supplementary sheets. He further stated that in February, 1985 Manager Arif Rasheed discovered fraud. After that in his presence and m presence of other officers appellant Haroon admitted his guilt orally and in writing and explained modus operandi. This witness further produced documents as Exh.6/A to 6/A -12. P.W.6 is Mr. Shankar Lal, A.C.M., who recorded statement of P.W. Haji Ahmed under section 164, Cr.P.C. and produced the same as Exh.7/A. P.W.7 is Syed Shahid Hussain, F.1.A. Inspector who investigated the ease. He registered F.I.R. on the written complaint of Manager Arif Rasheed and during investigation arrested appellant and other co‑accused, seized documents and made recoveries of monies and other articles. He had the judicial confession of appellant Haroon recorded before the Magistrate First Class. After completing all the steps of investigation he presented the challan in the Court. P.W.8 is Shamsul Alam, who deposed that in the year 1981 he wars Manager of Soldier Bazar Branch of M.C.B. He opened Account No. 564 of Abdul Majid and Muhammad Amin in the name of Yousuf and Naseer Company. He signed account opening form Exh.3/H. Under Exhs. 3/F‑5 to 3/F 8 cheques were deposited in that account which were sent for collection to U.B.L. Stock Exchange Branch. He received advice from U.B.L. Stock Exchange Branch for clearance of the cheques and he credited the amounts in that account. Those amounts were withdrawn from that account vide 20 cheques Exhs.9/A to 9/A‑

19. Those cheques were drawn by persons who had opened the account. P.W.9 is Muhammad Hanif Motan. He deposed that he was working in Stock Exchange Branch of U.B.L. from 1979 till 1983. He took loan of Rs.50,000 from appellant Haroon, who paid him in cash. Afterwards, during the investigation, he handed over that money to I.O. P.W.10 is Haji Ahmed who deposed that appellant Haroon and co- accused Munaf invested with him an amount of Rs.7,50,000 for purchase of iron. Later during the investigation he handed over that amount to I.O. P.W.11 is Nazar Muhammad, A.C.M. who recorded confession of appellant Haroon on 4‑3‑1985. This witness deposed that he took all the precautions and administered relevant warnings. After he was satisfied that confession proposed to be made was voluntary and truthful. he recorded the same. P.W.12 is Abdul Razak Kapadiia, who deposed before the trial Court that in 1980‑81 he was working as an Officer in H.B.L., Keamari Branch. Appellant Haroon opened account in that Branch vide opening form Exh.2/H. Haroon was introduced by Munaf who was employee of that Bank. Haroon signed the opening form in presence of this witness. This witness further produced documents Exhs. 13/A to 13/A‑

17. In the trial Court in his statement under section 342, Cr.P.C. appellant Haroon admitted that from 1970 to 1985 he worked as Machine Operator in Stock Exchange Branch of U.B.L. He admitted that he and Abdul Oudus opened; joint Account No. 1118 with Karimabad Branch of U.B.L. while Munaf and Abdul Qadir opened joint Account No. 2218 with Stock Exchange Branch of U.B.L. He admitted that cheques specified in deposit slips Exhs.3/F to 3/F-8 were deposited in his Keamari Account No.12922‑

1. He further stated that he could not say about deposit in other two Accounts Nos. 2218 and 2261 as he was not operating those accounts. He admitted to be correct that the amounts deposited by him in Account No.12922‑1 through the cheques under pay‑in‑slips Exhs.3/F to 3/F‑8 were withdrawn by him through 18 cheques Exhs.13/B to 13/B‑

17. He denied preparation of supplementary sheets Exhs.3/1, 3/1‑1 to 3/1-

10. He admitted having made extra‑judicial confession in writing before officers of the Bank and judicial confession before the Magistrate but further asserted that the same were so made by him due to pressure of police. With regard to deposit slips Exh.3/F to 3/F‑8, he stated that he acquired those cheques ink connection with business which he was doing. He declined to give any evidence it defence. Argument with regard to the appraisement of evidence produced in this case by advocates for both sides were same as common arguments were advanced, m all the appeals. We have already held in earlier part of this judgment that leading judgment in this appeal is written in Criminal Appeal No.137 of 1987, which is to be read in conjunction with this appeal. On the questions relating to the appraisement of evidence and law riots urged, for reasons recorded in Criminal Appeal No.137 of 1987, we dismiss this appeal and maintain the impugned judgment. M.Y.H./M‑701/K Appeal dismissed.