HIGH COURT OF SINDH AT KARACHI

Criminal Appeal No.294 of 2012

Present: Ghulam Sarwar Korai, J Naimatullah Phulpoto, J.

Appellant: Ranjeet Natha Lal Chanda Paul through Mr. Javed Ahmed Rajput, Advocate

Respondent: The State and another through Mr. Muhammad Ashraf Mughal, Deputy Attorney General Sindh of Pakistan.

Date of hearing: 28.08.2013

Date of announcement: 06.09.2013

JUDGMENT

NAIMATULLAH PHULPOTO, J.- Appellant Ranjeet Natha Lal Chander Paul was tried by learned Presiding Officer, Special Court (Offences in Banks) Sindh at Karachi for offences under sections 420/468/471 PPC. After conclusion of the trial, case was proved against him and appellant was convicted and sentenced for the period of 4 years R.I. (sections are not mentioned in the judgment) and to pay fine of Rs.49,600/- and in case of default of fine appellant was ordered to suffer S.I. for one year. Benefit of section 382-B Cr.PC was extended to him.

2. Appeal was preferred against conviction and sentence recorded by the trial Court.

3. Record reflects that the appellant has been convicted by trial Court for the following reasons:

“The burden to prove the charge upon accused lies upon prosecution and in this case prosecution has discharged its burden by producing the material and significant evidence against the culprit. The allegations against accused are that during the employment of accused with account holder Manochar B Mana he succeeded in withdrawing Rs.1,464,480/- from his employer’s bank account by forging his signatures and he also succeeded in encashing 38 forged cheques during the period of about 1 year from 20.9.2007 to 2.8.2008 however at the time of presenting 39 forged cheque in the bank/branch for encashment on 9.8.2008 he was caught red handed alongwith one other blank cheque at the counter of the bank. The complainant, and account holder as well as other examined PWs have corroborated the allegations of prosecution in their depositions. The account holder Minochar B Mana has identified accused in his evidence being his ex-employee as well as filing a complaint to the bank. The complainant Zaigham Abbas has deposed against accused who said that he got arrested accused while presenting fake cheque in branch. The report of handwriting expert, the writings and signatures on the forged cheques were also found of accused and not of his employer which is also corroborate piece of evidence in the prosecution case. Although accused has stated about his false involvement in the case which is supported by the DW but such plea does not inspired the confidence as the DW admitted regarding return of Rs.250,000/- by accused when he was apprehended by the FIA. It is also noticed that accused jumped from the bail without intimation on 11.6.2011 subsequently he was arrested on the NBW issued by the court, such behavior of accused demonstrates that he is involved in the case and unlawfully run away from the court to save his skin from the trial. Today accused has filed an application vide Exh. 16 forwarded by the J.A. in which he has voluntarily admitted his guilt and prayed for taking leniency in his case, while awarding the conviction. The admission of accused in the crime has made the prosecution allegations unclouded. In view of above discussions and reasons I believe that by forging the signature and unlawful withdrawal of amount from the account of PW Minochar B Mana and has committed an offence of cheating, forgery and presenting fake document as genuine. Accordingly my findings on point No.1 and 2 are answered as proved.”

4. Mr. Javed Ahmed Rajput, learned advocate for the appellant did not press the appeal on merits and stated that the appellant is in custody since 09.08.2008. He has submitted that appellant is sole supporter of his large family, his sentence may be reduced to the sentence already undergone.

5. Mr. Muhammad Ashraf Mughal, learned D.A.G. appeared on behalf of the State and argued that the prosecution has proved its case against the appellant and opposed the appeal on merits.

6. Since appeal has not been pressed on merits, impugned judgment is based upon sound reasons, as such, the same is dismissed as not pressed. As regards to the submission of reduction of sentence is concerned, jail roll submitted by the Central Prison Karachi dated 07.07.2012 shows that appellant was admitted in the prison on 09.08.2008 to 05.01.2010 and on 08.08.2012 to till date. It is submitted that the appellant is the sole supporter of the family, there is no previous history of appellant of his involvement in such offences. Therefore, looking to circumstances of case, sentence of 4 years R.I. is reduced to 3 years R.I. and in case of default in payment of fine of Rs.49,600/- appellant instead of one year S.I. will suffer 6 months S.I. Benefit of section 382-B Cr.PC has already been extended to the appellant by the trial Court.

JUDGE

Gulsher/PA