1994 P Cr (PLP)

Syed Aftab Sherazi for Respondent No.2. Date of hearing: 27th November, 1993. This appeal is directed against the judgment, dated 5-8-1991 passed by the learned Special Judge (Central), Lahore in Special Case No.213 of 1988 whereby he acquitted the respondents from the charge.

2. The brief facts of the case are that in the year 1982 Nayyar Islam while serving as Pension Clerk in A.G. Office, Punjab, Lahore in connivance with Waseem Qaiser, fraudulently erased the entries of various bills and the amounts were changed and names of fake persons were entered. The cheques were prepared and the amount was withdrawn and thus the accused committed the offences under section 467/468/409/471, P.P.C. F.I.R. No.12/83 Exh.P.P. was registered on 26-1-1983.

3. The prosecution in support of its case examined 11 witnesses whereas the defence examined 8 witnesses including Nayyar Islam respondent No.l and Waseem Qaiser respondent No.2.

4. The learned Standing Counsel vehemently contended that from the evidence of Abdur Razzaq, Accounts Officer (P.W.1) it is crystal clear that respondent No.l Nayyar Islam made extra-judicial confession before him and produced the amount of Rs:2,31,000 which was taken into possession on 8-2-1983 by the Investigating Officer and he is the attesting witness of that. He has argued this sole point in support of his appeal because there is prima facie no other evidence on the record to substantiate the charge against the respondents.

5. The learned defence counsel has submitted that the learned trial Judge has placed reliance on the admission of the Investigating Officer in the cross-examination as well as on the evidence of Walayat Hussain (D.W.2) who specifically deposed that Nayyar Islam had accompanied him in custody from Lahore to Karachi on 24-1-1983 and his person was handed over to Latif A.S.I. He further deposed that he was detained in Liaqatabad Police Station, Karachi on 25-1-1983 and was taken out of that police station on 28-1-1983. He also deposed that Nayyar Islam respondent No.l was arrested on 21-1-1983. He submitted that in the presence of this evidence the learned trial Court rightly disbelieved the evidence of the prosecution regarding the alleged arrest of respondent No.1 at the spot and the consequential extra-judicial confession on 8-2-1983. He further contended that the prosecution has not proved the entrustment of the property to respondent No.l.

6. I have examined the respective submissions of the parties and have perused the record carefully.

7. I have scanned the entire evidence and I find, there is no misreading of the evidence which would confer jurisdiction on this Court to upset the order of acquittal passed in favour of the respondents. On the contrary, the order of the learned trial Court is based upon proper appreciation of the defence evidence which is coming from the mouths of Police Officer of Old Anarkali Police Station whereby they stated that Nayyar Islam was in the custody of the police since 21-1-1983 and this evidence is based on various reports of the Daily Diary of Police Station Old Anarkali, Lahore. These persons were not subjected to any cross-examination by the Public Prosecutor except making a suggestion that they are misstating the facts. No evidence has been led to the effect that entries of the Daily Diary Register which were produced by the defence before the learned trial Court, are fake or ingenuine or tampered with, hence in the presence of this evidence the learned trial Court rightly acquitted the respondents. This appeal h-as no force or merits which is dismissed accordingly. N.H.Q./S-397/L????????????????????????????????????????????????????????????????????????????????? Appeal dismissed.