Law: Pakistan Penal Code, 1860

Section: 409

Law: Prevention of Corruption Act, 1947

Section: 5(2)

Penal Code (XLV of 1860)--- ----S. 409---Prevention of Corruption Act (II of 1947), S. 5(2)---Criminal breach of trust by public servant, criminal misconduct---Appreciation of evidence---Sentence, reduction in---Embezzlement of government funds---Embezzled amount returned/deposited back in the government exchequer---Effect---Deprivation of pensionary benefits due to conviction as a ground for reduction in sentence---Scope---Accused, who was a professor at a Government College, allegedly embezzled college funds---Trial Court convicted accused under S.409, P.P.C. and sentenced him to 4 years' imprisonment with a fine of Rs.100,000---Accused was also convicted under S.5(2) of the Prevention of Corruption Act, 1947 and sentenced to 2 years imprisonment with a fine of Rs. 50,000---Validity---Accused submitted an affidavit during investigation wherein he admitted commission of the offence---During course of investigation accused deposited the embezzled amount---Case record coupled with the audit report confirmed embezzlement committed by the accused---All prosecution witnesses were dis-interested witnesses having no enmity to falsely implicate the accused---Prosecution had proved its case beyond any shadow of doubt---Accused was serving in the education department for the last about 30 years and was at the verge of his retirement and due to his conviction in the present case, he had lost his pensionary benefits---Additional punishment in the shape of depriving accused from pensionary benefits due to his conviction was a ground which demanded reduction of punishment awarded to him---Accused remained in jail for more than four months---Sentence of accused under S.409, P.P.C was reduced to 1 year's imprisonment with fine, while that under S.5(2) of the Prevention of Corruption Act, 1947 was also reduced to 1 year's imprisonment with fine---Appeal was allowed accordingly. Saeed Zakaria v. The State and another 1972 SCMR 118; M. Habibullah v. The State PLD 1985 Kar. 680; Muhammad Iqbal and another v. The State 1985 PCr.LJ 2774 and Muhammad Akram v. The State 1988 PCr.LJ 392 rel. JUDGMENT KHALID MEHMOOD, J.---Convict-appellant Umar Farooq was tried under section 409,…

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