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KARIM BUX vs State Ss — 2022 PCrLJN 115 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 115 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
KARIM BUX vs State Ss
Subject matter
Criminal
Provisions referred to
S. 5---Q

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

KARIM BUX VS State Ss. 409, 467, 468, 471 & 34---Prevention of Corruption act (II of 1947), S. 5---Qanun-e-Shahadat (10 of 1984), arts. 59 & 84---Criminal breach of trust by public servant or by banker, merchant or agent, forgery for valuable security, forgery for purpose of cheating, using as genuine a forged document, common intention---Criminal misconduct---Opinions of experts---Comparison of signature, writing or seal with others admitted or proved---appreciation of evidence---Prosecution case was that the accused persons made bogus appointment of a teacher and obtained a loan of Rs. 96000/- from a bank against advance salary scheme---FIR was lodged after a delay of about 10 years---Complainant himself was the investigating officer of the case, it could not be expected that he would collect any material which went against the prosecution or gave any benefit to the accused---Signatures on the attestation and verification documents were seriously disputed by the accused persons but the Trial Court while delivering the judgment accepted the evidence without referring the documents to handwriting expert for comparison and opinion as envisaged under arts. 59 & 84 of Qanun-e-Shahadat, 1984---alleged loan amount was returned to the Bank even before registration of FIR but this fact was not mentioned in the challan--- appeals against conviction were allowed, in circumstances.

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