361/2018 Criminal Appeal FARAZ AHMED BALOCH & ANOTHER (Appellant) V/S THE STATE (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Aftab Ahmed Gorar, Hon'ble Mr. Justice Amjad Ali Sahito(Author)
Order Date: 21-MAY-19
Appellants Challenged the Conviction and sentenced for the offence under sections 409, 420, 468, 471, 109 PPC, whereby both the appellants were convicted u/s.409 PPC and sentenced them to suffer R.I. for seven (07) years each and fine of Rs.15 lacs. complainant Nadeem Hamid, Branch Manager Askari Bank made a complaint alleging therein that , an entry of Rs.1.500 million was posted in transfer mode by debiting head office account. The transaction was posted with advice On scrutiny, the voucher has not been found in the branch record and was missing. On 29.06.2011 cash amounting of Rs.1.480 million was withdrawn through cheque from account of Gul Wali and Ahmed Khan, the said cheque was posted by Shafiq Abro through his ID and was supervised with the ID of Nasir Mehmood, e. The said cheque was bearing forged signature of the customer. The customer Gul Wali Khan and Ahmed Khan also denied withdrawal of amount through cheque and informed that cheque had been misplaced . The transactions of every cheque are reconciled on every 15 days and the said entry of Rs.14,80,000/- was not reconciled/made and verified through the Page 9 of 13 record. The inquiry was continued for about six (6) months but the said inquiry proved about it through Head Office referred the matter to FIA. The handwriting of whole staff was obtained by the Head office and sent to the Handwriting Expert and the office received a report from the Handwriting Expert whereby the Handwriting of the accused Faraz being matched with the handwriting mentioned on the disputed cheque. Pervez Ahmed, SI FIA ,it is correct to say that incident took place due to sharing of password and ID. It is correct to say according to the regulation, SBP Bank officials are not expected to share their IDs and Passwords. He further admitted that PW Sohail Noor in his statement recorded under Section 161 Cr.P.C. shown doubt that Raheel Rauf CD Incharge might have used his ID. The overall discussions involved a conclusion that the prosecution has failed to bring the guilt against the appellants beyond any reasonable doubt. The convictions and sentences awarded to the present appellants are set-aside and they are acquitted of the charge .Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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