Law: Pakistan Penal Code, 1860

Section: 405,409

Law: General Clauses Act, 1897

Section: 26

Law: Prevention of Corruption Act, 1947

Section: 5(1)(c)

(a) Penal Code (XLV of 1860)------- -----S. 405-Breach of trust­--Dishonest misappropriation, conversion to one's own use or disposal in violation of direction of law or legal contract­--Nature of proof-Whether there can be any presumption as to misappropriation. There may be circumstances establishing that when an accused person has received money, if he fails to account for it, it can only be that he has misappropriated or converted it to his own use, and the absence of direct evidence of mis­appropriation or conversion, which in many cases would not be easy to obtain, may in such a case, be made good by the presumption out of the circumstances aforesaid. But, in a case where no evidence of misappropriation or conversion is available and the accused person was under obligation, in relation to the money in question, to deal with it in a particular way, the Court cannot reach any conclusion to the effect that the accused did not fulfil this obligation upon mere presumption, and it would be the duty of the prosecution to establish, by such evidence as may be available, that in fact the accused was guilty of contravening his duty in respect of the particular sum in question. (b) Penal Code (XLV of 1860)----- ----- S. 405-Admission by accused of liability to pay amount alleged to be misappropiated not necessarily an admission of any element of offence. Where the accused impliedly admitted his liability to pay by asking for time in which to make good the time was extended on several occasions at his request but he failed eventually to make up the loss and reported to the, police. Held, that the accused was not proved to have admitted any element of the offence of trust. Much more is required then a mere acceptance of civil liability to make good an apparent loss of money; for holding that that loss is the result of breach of trust by the person making the admission, in the sense of section 409 Pakistan P. C. (c) Penal Code (XLV of 1860)------- ----- S. 409-Whether offence falls to be prosecuted and punished not under this section but exclusively under S. 5 (1) (c) of Prevention of Corruption Act (II of 1947)-General Clauses Act (X of 1897), S. 26. Where in respect…

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