Law: Penal Code (XLV of 1860)

Section: 409,477-A,70

Law: Prevention of Corruption Act, 1947

Section: 5

(a) Penal Code (XLV of 1860)--- ----Ss. 409, 477-A 70---Prevention of Corruption Act (II of 1947), S. 5---Criminal breach of trust by public servant, or by banker, merchant and agent--- Falsification of accounts--- Criminal misconduct---Scope was convicted for misappropriation and embezzlement of certain amount which was received by him as a Bank teller---Counsel for appellant conceded that the prosecution had proved the charge and stated that he did not want to argue the appeal on merits instead requested a reasonable reduction in sentence on the grounds that (a) he had served most of his sentence (b) that he had a family to support for which he was the sole bread winner (c) that he suffered ill health (d) that he had already suffered through the loss of his job (e) that the appellant showed remorse for his actions by deciding not to contest the appeal and (f) that the appellant had used his time productively in jail in activities which could contribute towards his reformation---Mitigating circumstances made out by the appellant justified a reduction in sentences conviction was maintained but his sentence was reduced from seven years to six years---For default in payment of fine, the appellant was directed to undergo one year---High Court clarified that the appellant would still be liable to pay the fine imposed on him under the impugned ---Appeal was dismissed except as modified in terms of sentencing. (b) Criminal trial--- ----Sentencing policy---Scope---Sentencing is at the discretion of the court and is not a mechanical exercise---In exercising its discretion the court could consider numerous factors such as the minimum and maximum sentence which could be imposed on conviction, the role of the accused, the gravity of the offence, the amount of loss caused, whether the accused showed any kind of remorse, whether the accused was capable of reformation, the age of the accused, the health of the accused, his conduct in jail and how long he has already spent in jail, etc. Muhammed Juman v. State 2018 SCMR 318 rel. (c) Penal Code (XLV of 1860)--- ----S. 70---Fine leviable within six years, or during imprisonment---Death not to discharge property from…

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