1. ' SAJJAD ALI SHAH, J.-- This appeal arises from Case No, 9/C of 1985 and is directed against impugned judgment, dated 13th August, 1987 of learned Presiding Officer, Special Court (Offences in Banks) Karachi. Five accused persons were put on trial, out of whom 3 namely Muhammad Munaf, Muhammad Amin and Abdul Qadar have been acquitted while two have been convicted.
2. Appellant Muhammad Haroon is convicted for offence under section 420, P.P.C. And is sentenced to R.I. For 5 years and a fine of Rs, one lac or in default of payment further sentence to R.I. For six months. He is convicted for offence under section 477-A, P.P.C. And sentenced to R.I. For 3 years.
3. Second person convicted is Abdul Majid who is convicted for offence under section 420/109, P.P.C.
4. And is sentenced to R.I. For 2-1/2 years and a fine of Rs, One Lac or in default further R.I. For six months. Only appellant Haroon has filed this appeal calling in question his conviction and sentence.
5. ' As per charge in the record transactions in question are spread over from 18-6-1982 to 1-12-1982 and total amount misappropriated is Rs,6,21,700. Muhammad Munaf and Abdul Qadir had joint Account No, 2218 with Stock Exchange Branch of U.B.L. Appellant Haroon, Abdul Majid and Muhammad Amin had joint Account No, 2448 in the same Branch. Harman opened Account No,187 in the name of Rehmani Commission Shop with Al-Karam Branch of M.C.B. Abdul Majid had Account No, 797 in Nawabad Branch of U.B.L. Seven cheques were drawn on Account Nos. 2218 and 2448 and appellant Haroon, who was working as Machine Operator in Stock Exchange Branch of U.B.L. Knowing fully well that Accounts Nos. 2218 and 2448 had no balance at all, destroyed the cheques and forwarded credit advices alongwith pay-in-slips to the clearing house for onward transmission to the respective accounts in question for crediting a total amount of Rs,5,46,000 in Account No, 1837 with Al-Karam Branch of M.C.B. And Account No, 797 with Nawabad Branch of H.B.L. These amounts were withdrawn by accused persons in furtherance of their common intention. It is further charged that appellant Haroon falsified daily supplementary sheets of the Stock Exchange Branch and made wrong totalling and thus tampered with the record.
6. ' In the trial Court prosecution examined 12 witnesses in support of its case. P.W.1 is Zaki Ahmed, who has deposed that he is Vice-President and Zonal Head of U.B.L. In City Zone Office, Karachi and Stock Exchange Branch was under his supervision. On 18th February, 1987 he was directed to go to the said Branch as a big fraud was discovered. He went there and Manager Arif Rasheed apprised him of the facts and told him that a sum of Rs,97 Lacs had been misappropriated by manipulation of record. Appellant Haroon admitted his guilt and made extra-judicial confession orally and in writing in presence of this witness as well as other officers of the Bank.
7. ' P.W.2 is Arif Rasheed, Manager of the Branch. He deposed that he checked balance book of the Branch in respect of C.D. Ledger and found that it did not tally and there was difference in the total amount. He reported the matter to the higher authorities and officers were sent to investigate the matter. Appellant Haroon admitted his guilt before this witness and in presence of other officers of the Bank and gave it in writing. Appellant Haroon also explained modus operandi as to how he committed that fraud. This witness Arif Rasheed then sent a written complaint to F.L.A. On the basis of which F.I.R. Was lodged and investigation was taken in hand. This witness produced a large number of documents Exhs.3/A to 3/R.
8. ' P.W.3 is Abdul Razzak, who deposed that Abdul Qudus and Sattar took from him one shop on rent in his building in the name of Mst. Abida wife of appellant Haroon and such agreement of tenancy was executed. Photo copy of agreement is produced as Exh.4/A. In the said shop Yousuf Medical Store was opened which was being run by Abdul Qudus.
9. ' P.W.4 is Abdul Majid, who was working as Manager in Stock Exchange Branch of U.B.L. From September, 1980 till August, 1983. He deposed that he knew appellant Haroon who was Machine Operator in the Branch and Munaf and Abdul Majid who were friends of Haroon and used to visit him. This witness further stated that he had approved opening of Accounts Nos. 2218 and 2448 in the names of account-holders on the basis of account opening forms Exhs.3/D and 3/E. He described the duties of appellant Haroon as Machine Operator which included receiving all the cheques which were received for clearing or transfer delivery and making necessary postings in the ledgers. Appellant Haroon was also responsible for preparing supplementary sheets in respect of those cheques received for clearing and transfer delivery.
10. ' P.W.5 is Syed Ahsan Hussain, who worked as an officer in Stock Exchange Branch of U.B.L. From 1978 to May, 1985. He deposed that as C.D. In charge he was Incharge of opening accounts by the parties. He approved opening of Accounts Nos. 2218 and 2448 vide Exhs. 3/D and 3/D-1. Both these accounts were opened in the names of National Medical Store and Rehmani Commission Shop.
11. Exhs. 3/D and 3/D-1, which are opening accounts forms, were filled in by appellant Haroon in his handwriting. Account No,2218 was opened by Munaf and Qadir and Account No,2448 was opened by Abdul Majid, Amin and Muhammad Haroon Rehmani. This witness further deposed that Account No, 2261 was opened vide opening account form Exh3/D-2, which is in handwriting of appellant Haroon. Appellant Haroon was working as Machine Operator in the C.D. Department and it was his duty to receive the cheques for clearance and to make necessary entries in the ledgers and issue necessary advices to the clearing house and head office. It was his duty to prepare supplementary sheets. In February, 1985, Manager Arif Rasheed found out irregularities in the record and appellant Haroon admitted his guilt orally and in writing in presence of this witness and many other officers.
12. He also explained modus operandi. This witness produced documents Exhs. 6/A to 6/A-9.
13. ' P.W.6 is Mr. Shankar Lal, A.C.M., who recorded 164, Cr.P.C. Statement of witness Haji Ahmed. He produced this statement as Ex 7/A.
14. ' P.W.7 is Shamsul Islam Khan, who worked as Manager of Al-Karam Sq. Branch of M.C.B. At the relevant time. He deposed that Account No, 187 vide opening form Exh3/C was approved for opening by his predecessor Mr. Fasih Ahmed Bukhari. This witness identified signature of Mr. Fasih Ahmed Bukhari in Exh.3/L.
15. ' P.W.8 is F.A. Bukhari, who deposed that in 1981 he was Manager of Al-Karam Square Branch of M.C.B. And Account No<187 was opened in the name of Rehmani Commission Shop vide opening form Eich3/L by appellant Haroon. Appellant Haroon further filled in specimen signature card Exh3/M and he had shown himself as proprietor of Rehmani Commission Shop. This account was to be operated by Abdul Majid as Manager. This witness further deposed that Exhs3/1 to 3/1-5 were deposit slips under which cheques were deposited in Account No,187. Those cheques were drawn on Stock Exchange Branch of U.B.L. All deposit slips were made by appellant Haroon. These deposit slips were sent for clearing to the clearing house. After three days this witness received advice from Head Office that the proceedings of the cheques had been realised and they should be deposited in Account No,187. This witness further saw 33 cheques and stated that they were all drawn on Account No,187. Out of these 33 cheques payment in respect of nine was made to Haroon and in respect of remaining cheques Exhs.9/A to 9/A-19 was made to Abdul Majid. Payment in respect of remaining 13 cheques were made to different persons. It may be mentioned here that there is no effective cross-examination of this witness on behalf of appellant Haroon except one or two formal questions, which shows that statement of this witness is not challenged.
16. ' P.W.9 is Syed Shahid Hussain, Inspector, F.I.A. He has investigated the case. He arrested all accused persons including appellant Haroon. During the course of investigation he seized record in the concerned Branches of Banks, recorded statements of witnesses and made recoveries of monies and other items which were purchased from the money misappropriated. He took appellant Haroon and had his confessional statement recorded before the Magistrate. After completing all necessary steps of investigation, he presented the challan in the Court.
17. ' P.W.10 is Muhammad Hanif Motan, who was employed in Stock Exchange Branch of U.B.L. From 1979 till 1983. He was working there as Cashier. This witness was in need of money and approached appellant Haroon, who gave him loan of Rs,50,000 in cash. During the investigation, he handed over the money to I.O.
18. ' P.W.11 is Haji Ahmed, who deposed that appellant Haroon and Munaf invested with him Rs,7,50,000 for purchase of iron. He returned the money to I.O. During investigation of this case.
19. Last witness examined by the prosecution is P.W.12 Mr. Nazar Muhammad, A.C.M., who recorded confessional statement of appellant Haroon. This witness has deposed that he took all necessary precautions and administered warnings. He was satisfied that confession proposed to be made was voluntary and truthful and only then he recorded the same according to law. He produced copy of this statement as Exh.13/A.
20. ' In the trial Court appellant Haroon admitted that he was working as Machine Operator in Stock Exchange Branch of U.B.L. From 1972 to 1985. He has admitted that he and Abdul Qudus had opened joint Account No,1118 with Karimabad Branch of U.B.L. While Munaf and Abdul Qadir had opened joint Account No, 2218 with Stock Exchange Branch of U.B.L. He admitted that he had joint Account No,187 and had deposited a cheque of Rs,1,00,000 vide deposit slip Exh.3/1-2. He further claimed that he did not know as to who made other deposits. According to him Abdul Majid might have made other deposits. He has admitted that some of the cheques by which money was withdrawn bore his signatures while others were signed by Abdul Majid. He denied that he had knowledge that cheques deposited in pay-in-slips Exhs.3/1 to 3/1-5 were drawn without there being sufficient funds in those accounts to meet the liability. He denied falsely manipulating supplementary sheets.
21. About extra-judicial confession and judicial confession he stated that same were made by him under pressure by police. He admitted that he invested capital in Rehmani Commission Shop but active business was not done by him but by Abdul Majid. He declined to give any evidence in defence.
22. In this case before the trial Court prosecution had produced overwhelming evidence of incriminating nature to connect appellant with crime. In the evidence so produced, there is documentary evidence, which stands unrebutted. There is evidence of witnesses who have deposed implicating appellant Haroon who was known to them. These witnesses have no motivation to falsely implicate the appellant. There are admissions made by appellant in extra- judicial confession as well as judicial confession. Evidence produced by prosecution in all the cases is mostly the same and the cases had to be split up for the reason that transactions relating to misappropriation are covered during the long period of six years as such six different cases have been filed as is required under the law. So far as appraisal of evidence is concerned, arguments advanced by the learned counsel for the appellant are common in all six cases. Leading judgment is given by us in Criminal Appeal No,137 of 1987, which is to be read.