Law: Penal Code (XLV of 1860)

Section: 409,468,471

Law: Prevention of Corruption Act, 1947

Section: 5(2)

Penal Code (XLV of 1860)--- ----Ss. 409, 420, 468 & 471---Prevention of Corruption Act (II of 1947), S. 5(2)---Nazir of court misappropriating an amount of Rs.36,00,000---Reappraisal of evidence---Sentence, reduction in---Accused-petitioner was dismissed from service and deposited back a sum of Rs.700,000/- out of the total amount misappropriated but failed to clear the remainder liability on account of his financial incapacity---Trial Court considered a period of five years as appropriate sentence on coordinate charges, however, awarded maximum sentence of ten years to the accused provided for the offence under S. 409, P.P.C.---Accused-petitioner prayed for reduction of sentence recorded under S. 409, P.P.C. from ten years to five years---Held, that although the petitioner being a part of system of administration of justice was certainly under a heavier onus to maintain highest standard of integrity and rectitude, nonetheless, his indiscretion had not brought him anything other than stigma and loss of post-retirement benefits, therefore, in the said backdrop, reduction of sentence recorded on the count under S. 409, P.P.C. to five years rigorous imprisonment would be a wage, conscionable in circumstances---Petition for leave to appeal was dismissed, however, the sentence under S. 409, P.P.C. was reduced from ten years to five years imprisonment, which was to run concurrently with coordinate charges, pre-trial period inclusive. ORDER QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- Petitioner was detached as Civil Nazir with the learned Senior Civil Judge Sialkot; during routine audit, he was found to have misappropriated various amounts deposited under different heads, calculated as Rs.36,00,000/; confronted with his misconduct, he deposited back a sum of Rs.7,00,000/-, with undertaking to clear the remainder of liability, a commitment that remained unfulfilled. After preliminary inquiry, he was sent to face trial before the learned Special Judge Anti-Corruption (Provincial) Gujranwala; vide judgment dated 16.5.2018, he was returned a guilty verdict, in consequence whereof, he was convicted and sentenced as below:- "Under section 409, P.P.C., 10-years' RI with…

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