Penal Code (XLV of 1860)--
---S. 419-Conviction of accused based on basis of his own admission of guilt- Accused himself had not raised any legal point in his memo. of appeal nor judgment passed by Presiding Officer suffering from any illegality or infirmity- Accused had already undergone sentence of imprisonment and released from jail--No reason existing to interfere with order of Presiding Officer--Appeal dismissed in circumstances.
Appellant (absent).
Faiz Issa for the State.
Abdul Hafeez Lakho, A.-G. for Respondent (on Court Notice).
JUDGMENT
ALLAHDINO G. MEMON, J.--The appellant was charged and tried under Sections 380, 419, 468, 471 read with section 34 PPC, and section 420 read with sections 511 and 34 PPC before the learned Presiding Officer Special Court (offences in Banks) at Karachi, and was convicted under section 419 PPC to suffer imprisonment for the period already undergone and also to pay fine of Rs. 9,000, in default of payment whereof he was to suffer further R.I. for four (4) months.
The brief facts g0iving no the present appeal are that the appellant and co-accused Anwar Ahmed were sent up under sections 380, 419, 468, 471 read with section 34 PPC, and section 420/511 read with section 34 PPC before the learned Presiding Officer Special Court (Offences in Banks) at Karachi.
At the trial the following charge was framed against the appellant and co-accused:--
"That in pursuance of the common intention of you both--You accused Anwar Ahmed, on 21-10-1987 opened a false account bearing PL-S, No. 23211-3 at the Paposh Nagar Branch of H.B.L. falsely representing yourself to be Altaf Hussain, that the said false account was opened on the introduction of you accused Nasir Ahmed; that in the said false account, you accused Anwar Ahmed, on 22-10-1987, dishonestly deposited for collection and for being credited into your said Account F.D.D. No. 19236166, dated 6-10-1987, for Rs. 18,000 issued by N.B.P., Tokyo Japan, on N.B.P. Risala Road Branch, in favour of one Altaf Ahmad, which F.D.D. you had acquired by theft or other wrongful act and on which F.D.D. you had falsely signed as Altaf Hussain, in whose favour the F.D.D, had been issued.
And you both accused thereby committed offences punishable under section 380/419/468/471 read with section 34 P.P.C. and section 42o read with sections 511 and 34 PPC and within the cognizance of this Court."
Co-accused Anwar Ahmed pleaded guilty to the charge and was convicted and sentenced on his plea of guilty by a separate judgment dated 17th December, 1987_ while the present appellant pleaded not guilty.
At the trial prosecution examined (1), Yousuf Ali Khan, Manager of Habib Bank Paposh Nagar Branch, (2) Wajahat Hussain, Officer at the Paposh Nagar Branch, who had certified the signature of appellant Naseer Ahmed Shah on the account opening form through which co-accused Mohammad Anwar had opened account at the Paposh Nagar Branch, (3) Mohammad Aslam, Assistant Director Registration Branch of the National Identity Card at Karachi, who has deposed that Identity Card, Ex.3/B produced by co-accused Anwar Ahmed before Wajahat Hussain Officer of Paposh Nagar Branch is a forged document, (4) Altaf Hussain, real payee of the demand draft, Ex.2/B, who has deposed that the said draft was sent to him by his brother Iqbal Ahmed who is serving in Japan, and (5) Investigating Officer Shamsuddin Junejo. Co-accused Anwar Ahmed who was convicted on his plea of guilt, was also examined as a Court witness.
After close of the prosecution case the statement of the appellant was recorded under section 342 Cr.P.C. in which he first stated that no doubt he hat introduced the account-holder on the account opening form Ex.2/A, bearing the name of Altaf Hussain and had given the form to C.W. Anwar Ahmed but h; claimed that he did so as the latter had shown him the Identity Card of Altaf anti on that basis he had signed the account opening form and put his account number on it. He however, denied that he had given the draft, Ex.2/B, to C.W. Anwar Ahmed but admitted that he had signed the account opening form Ex. 2/A, and I his was done at a hotel, as Anwar Ahmed had told him that he wanted to open an account for enacashing a draft and also he had shown Identity Card of Altaf Hussain. To the question whether he had anything further to add, accused Naseer Ahmed staled that C.W. Anwar Ahmed had not shown him the Identity Card of Altaf Hussain in the presence of any person nor he had signed the opening form Ex. 2/A in the presence of any person. However, at the end of the trial the accused pleaded guilty and stated as follows:--
"I admit my guilt and I state that I had introduced co-accused Anwar Ahmed Ansari as Altaf knowing that he was Anwar Ahmed. I am sorry for my crime and I pray for mercy."
In view of the above admission of guilt by the. appellant and the evidence produced by the prosecution, the learned Presiding Officer was pleased to convict the appellant as described above. The present appeal has been filed against the above judgment of conviction.
A notice was issued to the Superintendent Central Prison Karachi to produce the appellant before the Court but he was not produced as directed. Thereafter a notice was also issued on the address of the appellant but it was returned with the endorsement that no person with the name of Nasir Ahmed Shad was residing at the particular address,
Mr. Abdul Hafiz Lakho learned Advocate-General Stn was called upon by this Court to verify from the Jail authorities whether the appellant has been released. Mr. Abdul Hafiz Lakho had appeared before us today and has stated that the appellant had already under one the sentence and has been released from Central Prison Karachi.
We have gone through the evidence produced by the prosecution and the admission mad; by the appellant in his statement recorded under section 342 Cr.P.C. with the assistance of M/s. Abdul Hafiz Lakho and Kazi Faiz Issa. It may be stated here that since the conviction was mainly based on the admission of the appellant, he had prayed for mercy in his Memo. of appeal.
Under section 412 Cr.P.C. no appeal can be filed in cases where conviction is based on plea of guilt of the accused except as to the extent or legality of the sentence. In the present case the appellant was convicted on 28-2-1988 and the sentence in default of fine was four (4) months. We have been informed by Mr. Abdul Hafiz Lakho that the appellant has been released from Central Jail, Karachi after he had undergone the sentence. The appellant himself has' not raised any legal point in his Memo of appeal, nor the judgment passed by the learned Presiding Officer suffers from any illegality of infirmity.
In view of the fact that the appellant had already undergone sentence awarded to him and the judgment passed by the learned Presiding Officer does not suffer from any infirmity, we see no reason to interfere with the same. Accordingly the appeal is dismissed.
We had dismissed the above appeal by short order on 31-1-1989, and these are the reasons for the same.
M.Y.H./N-201/K
Appeal dismissed.
ALLAHDINO G. MEMON, J.--The appellant was charged and tried under Sections 380, 419, 468, 471 read with section 34 PPC, and section 420 read with sections 511 and 34 PPC before the learned Presiding Officer Special Court (offences in Banks) at Karachi, and was convicted under section 419 PPC to suffer imprisonment for the period already undergone and also to pay fine of Rs. 9,000, in default of payment whereof he was to suffer further R.I. for four (4) months.
The brief facts g0iving no the present appeal are that the appellant and co-accused Anwar Ahmed were sent up under sections 380, 419, 468, 471 read with section 34 PPC, and section 420/511 read with section 34 PPC before the learned Presiding Officer Special Court (Offences in Banks) at Karachi.
At the trial the following charge was framed against the appellant and co-accused:--
"That in pursuance of the common intention of you both--You accused Anwar Ahmed, on 21-10-1987 opened a false account bearing PL-S, No. 23211-3 at the Paposh Nagar Branch of H.B.L. falsely representing yourself to be Altaf Hussain, that the said false account was opened on the introduction of you accused Nasir Ahmed; that in the said false account, you accused Anwar Ahmed, on 22-10-1987, dishonestly deposited for collection and for being credited into your said Account F.D.D. No. 19236166, dated 6-10-1987, for Rs. 18,000 issued by N.B.P., Tokyo Japan, on N.B.P. Risala Road Branch, in favour of one Altaf Ahmad, which F.D.D. you had acquired by theft or other wrongful act and on which F.D.D. you had falsely signed as Altaf Hussain, in whose favour the F.D.D, had been issued.
And you both accused thereby committed offences punishable under section 380/419/468/471 read with section 34 P.P.C. and section 42o read with sections 511 and 34 PPC and within the cognizance of this Court."
Co-accused Anwar Ahmed pleaded guilty to the charge and was convicted and sentenced on his plea of guilty by a separate judgment dated 17th December, 1987_ while the present appellant pleaded not guilty.
At the trial prosecution examined (1), Yousuf Ali Khan, Manager of Habib Bank Paposh Nagar Branch, (2) Wajahat Hussain, Officer at the Paposh Nagar Branch, who had certified the signature of appellant Naseer Ahmed Shah on the account opening form through which co-accused Mohammad Anwar had opened account at the Paposh Nagar Branch, (3) Mohammad Aslam, Assistant Director Registration Branch of the National Identity Card at Karachi, who has deposed that Identity Card, Ex.3/B produced by co-accused Anwar Ahmed before Wajahat Hussain Officer of Paposh Nagar Branch is a forged document, (4) Altaf Hussain, real payee of the demand draft, Ex.2/B, who has deposed that the said draft was sent to him by his brother Iqbal Ahmed who is serving in Japan, and (5) Investigating Officer Shamsuddin Junejo. Co-accused Anwar Ahmed who was convicted on his plea of guilt, was also examined as a Court witness.
After close of the prosecution case the statement of the appellant was recorded under section 342 Cr.P.C. in which he first stated that no doubt he hat introduced the account-holder on the account opening form Ex.2/A, bearing the name of Altaf Hussain and had given the form to C.W. Anwar Ahmed but h; claimed that he did so as the latter had shown him the Identity Card of Altaf anti on that basis he had signed the account opening form and put his account number on it. He however, denied that he had given the draft, Ex.2/B, to C.W. Anwar Ahmed but admitted that he had signed the account opening form Ex. 2/A, and I his was done at a hotel, as Anwar Ahmed had told him that he wanted to open an account for enacashing a draft and also he had shown Identity Card of Altaf Hussain. To the question whether he had anything further to add, accused Naseer Ahmed staled that C.W. Anwar Ahmed had not shown him the Identity Card of Altaf Hussain in the presence of any person nor he had signed the opening form Ex. 2/A in the presence of any person. However, at the end of the trial the accused pleaded guilty and stated as follows:--
"I admit my guilt and I state that I had introduced co-accused Anwar Ahmed Ansari as Altaf knowing that he was Anwar Ahmed. I am sorry for my crime and I pray for mercy."
In view of the above admission of guilt by the. appellant and the evidence produced by the prosecution, the learned Presiding Officer was pleased to convict the appellant as described above. The present appeal has been filed against the above judgment of conviction.
A notice was issued to the Superintendent Central Prison Karachi to produce the appellant before the Court but he was not produced as directed. Thereafter a notice was also issued on the address of the appellant but it was returned with the endorsement that no person with the name of Nasir Ahmed Shad was residing at the particular address,
Mr. Abdul Hafiz Lakho learned Advocate-General Stn was called upon by this Court to verify from the Jail authorities whether the appellant has been released. Mr. Abdul Hafiz Lakho had appeared before us today and has stated that the appellant had already under one the sentence and has been released from Central Prison Karachi.
We have gone through the evidence produced by the prosecution and the admission mad; by the appellant in his statement recorded under section 342 Cr.P.C. with the assistance of M/s. Abdul Hafiz Lakho and Kazi Faiz Issa. It may be stated here that since the conviction was mainly based on the admission of the appellant, he had prayed for mercy in his Memo. of appeal.
Under section 412 Cr.P.C. no appeal can be filed in cases where conviction is based on plea of guilt of the accused except as to the extent or legality of the sentence. In the present case the appellant was convicted on 28-2-1988 and the sentence in default of fine was four (4) months. We have been informed by Mr. Abdul Hafiz Lakho that the appellant has been released from Central Jail, Karachi after he had undergone the sentence. The appellant himself has' not raised any legal point in his Memo of appeal, nor the judgment passed by the learned Presiding Officer suffers from any illegality of infirmity.
In view of the fact that the appellant had already undergone sentence awarded to him and the judgment passed by the learned Presiding Officer does not suffer from any infirmity, we see no reason to interfere with the same. Accordingly the appeal is dismissed.
We had dismissed the above appeal by short order on 31-1-1989, and these are the reasons for the same.
M.Y.H./N-201/K
Appeal dismissed.
0 Comments