1. AJMAL MIAN, J.---This appeal is directed against the judgment dated 6-7-1987 passed by the learned Presiding Officer Special Court (Offences in Banks). Karachi in case No. 24 of 1986, convicting the appellant under section 408 P.P.C. And sentencing him to suffer R.I. For a period of 3 years and to pay a fine of Rs. 4,00,000 (Rs. 41acs only) and in default of payment of fine to undergo further R.I. For six months.
2. The brief facts leading to the filing of the above appeal arc that the appellant was working as the 1dead Cashier in Anaj Bazar Branch of United Bank Limited, Sukkur hereinafter referred to as the UBL.
2. On 8-2-1986 the appellant as usual came to attend his duties. However, he left at about 10.30 a.m.
3. Without obtaining any permission from the Manager of the Bank P.W. 1 Shahid Hussain and without telling any one. P.W.3 Bashir Ahmad working under him went to find out the reason why he did not return back to the bank where lie found the appellant's house locked. Upon his enquiry the neighbours had informed him that the appellant alongwith his family had gone to attend some marriage. After that P.W. 1 Shahid Hussain inter alia m presence of P.W. 5 Sadat A.I Khan, Personal Manager of Zonal Office UBL and Sher Muhammad an Officer in the Zonal Office got the cash checked on closing of the cash of P.Ws. 3 and 4 Bashir Ahmad and Aftab Ahmad, two cashiers, who were working under the appellant and found that a sum of Rs. 1,88,368 was short. The appellant did not turn up even on the following day of the incident. Accordingly a report was made in writing by P.W.1 Shahid Hussain, the Bank Manager of the UBL to the F.I.A. On 9-2-1986. The case was investigated by ASI P.W.6 Shamsuddin Maitlo, who arrested the accused on 5-3-1986 at 4.00 p.m.
4. From Quarter No.23, Street No. 2 `C' Area, Qayyumabad, Korangi Road, Karachi under Mashirnama Ex. 7/4-A. Upon search a sum of Rs. 14,000 was recovered from the appellant under Mashirnama Ex.
5. 7/A-5 in presence of M/s. Mumtaz A.I and Haider Azizul Haq. The Investigating Officer also seized certain documents under Ex. 7-C-1, which were given by the wife of the appellant, which inter alia included the original of the Sale Agreement in respect of the aforesaid Quarter No. 23, Street No. 2 `C' Area, Qayyumabad, Korangi Road Karachi for a sum of Rs.70,000 purchased in the name of appellant's sister in laws son on 11-2-1986 Ex. 7/B-1. After the completion of investigation the appellant was charged as follows:-- "CHARGE"
6. I, Justice (Rtd.) Zulfikarali C. Valiani, Presiding Officer, Special Court (Offences in Banks) Karachi, constituted under Ordinance IX of 1984, do hereby charge you accused Manzoor Ahmad s/o Hussain Bux as follows:-- That on 8-2-1986 you were appointed/promoted as cashier at Anaj Bazar Branch of United Bank Limited at Sukkur and on this date at 10.30 a.m. You suddenly left the branch and did not turn up till evening of the day and consequently the cash which was in your possession at the time when you left the bank premises was counted in presence of witnesses when a shortage of Rs. 1,88,368 was found in the said cash, which amount you took away from the bank and committed criminal breach of trust in respect of the said amount over which you had domain as an employee of the bank and thus you have committed offence punishable a/s. 408 P.P.C. Within my cognizance.
7. AND therefore I hereby direct that you accused be tried by this Court on the aforesaid charge.
8. Sd/ (Z.C. Valiani)
9. Presiding Officer Special Court (Offences in Banks)
10. Karachi: Dated 27-7-1986Karachi."
3. The prosecution in support of the case examined P.W. 1 Shahid Hussain, Manager United Bank Ltd.
11. Anaj Bazar Sukkur, P.W.2 Syed Anwar Hussain a messenger working in UBL Anaj Bazar, Sukkur, P.W.3 Bashir Ahmad, a cashier working under the appellant, P.W.4. Aftab Ahmad, another cashier working under the appellant, P.W. 5 Sadat A.I Khan, Personal Manager, of Zonal Office and P.W. 6 Shamsuddin Maitlo. The documentary evidence comprises the above memos of seizure and arrest etc., the Sale Agreement in respect of the purchase of the aforesaid quarter No. 23, Street No. 2 `C'
12. Area, Qayyumabad, Korangi Road, Karachi.
13. The appellant in his 342 Cr. P.C. Statement has admitted the factum that he attended the bank on the above date, 8-2-1986 but left at about 10.30 a.m. Without any permission and intimation to any one and thereafter did not turn up. He also admitted the factum that he was arrested from the quarter in Karachi. However, he has come out with the statement that the short money was taken by the Manager of the UBL of Anaj Bazar, namely P.W. 1 Shahid Hussain.
14. The appellant has also examined 2 witnesses in defence. D.W.1 Muhammad Murad, his brother-in- law in whose son's name the above quarter was purchased on 11-2-1986 and D.W. 2 Abdul Mansoor, an Assistant in the advance section of the Anaj Bazar Sukkur, UBL.
4. We have gone through the evidence and we find that there is overwhelming evidence. On record in the form of ocular and documentary to prove the guilt of the appellant beyond reasonable doubt. It is an admitted position that on 8-2-1986 the appellant took charge of the cash amount. A boy visited him and left a basket which according to the appellant had vegetables. The appellant slipped .Away at 10.30 a.m., without the permission of the Manager of the Bank and without intimating any one. He did not turn up till the time he was arrested on 5-3-1986 not from Sukkur but from the Quarter No. 23, Street No. 2, `C' Area, Qayyumabad, Korangi Road, Karachi, which was purchased on 11-2-1986 i.e. After about 3 days from the date of the incident. It also appears that at the time of the arrest a sum of Rs. 1.4,000 was seized from him. Though the appellant in his 342 Cr.P.C. Statement has stated that the above amount was recovered by the police from his father.
15. He has not examined his father in support of the above averment. The appellant has examined D.W. 1 Muhammad Murad in order to show that factually the above quarter was purchased by the said witness in the name of his son. However, the above witness has miserably failed to explain the source of the purchase price. He has admitted the factum that he used to sell 'Sharbat' for sometimes. After he was removed from the Bazar and thereafter he was working at a petrol pump at a salary of Rs. 600 per month. Apparently his earning was' not enough to allow him to save the above sum of Rs. 70,000 for which the above quarter was purchased. The above witness' has also stated that he had sold his house for Rs. 55,000 in his village situated in Khairpur but nothing has been brought on record to substantiate the above statement. The above second D.W. Abdul Mansoor, has not in any way supported the appellant. On the contrary he has corroborated the statement of the other witnesses that the appellant left the bank at about 10.30 a.m. Apart from the ocular and documentary evidence on record the factum of absconsion on the part of the appellant also corroborates the other evidence on record. Further corroborative pieces of evidence are the recovery of Rs. 14,000 from the appellant and the purchase of the above quarter for Rs.
16. 70,000 from where he was arrested.
5. In our view, the judgment seems to be in consonance with the evidence on record. We have given our serious thought to the question of quantum of sentence, as in some of the cases we had noticed that the learned Presiding Officer, Special Court (Offences in Banks) Karachi had imposed lesser sentence.
17. We do not find any justification to reduce the sentence in the present case as the maximum sentence under section 408 P.P.C. Is 7 years R.I. The appeal is, therefore dismissed. These are the reasons in pursuance of a short order of even date.
18. SA./M-949/K