| Citation(s) |
|---|
| 2025 SLG 1390 2025 SLD 1390 = 2025 SCP 194 = 2025 SCMR 1130 |
CRIMINAL PETITION NO.170-L OF 2025 (On appeal against the order dated 21.01.2025 passed by the Lahore High Court, Lahore in Crl. Misc. No.74957-B/2024)
Mr. Justice Sardar Tariq Masood Mr. Justice Mazhar Alam Khan Miankhel
Waqar Ahmad Hanjra, Advocate Supreme Court for Petitioner (through video link from Lahore). Muhammad Jaffar, Additional Prosecutor General Punjab, Rizwan, Deputy Superintendent of Police and Shahbaz SI for the State (through video link from Lahore). Assisted by: Mian Johar Imam and Habib, Law Clerk. Date of hearing: 23rd April, 2025.
Muhammad Amjad Naeem … … Petitioner
VERSUS
The State thr. PG Punjab and another … … Respondents
Law: Pakistan Penal Code, 1860
Section: 405,406,420
Law: Code of Criminal Procedure (CrPC), 1898
Section: 497(1)
Summary of Judgment
(a) Penal Code (XLV of 1860)---
----S. 406---Criminal breach of trust, applicability of---Requirements---Section 406 P.P.C reveals that, there are two requisite elements which are necessary to establish a case of criminal breach of trust---Firstly, the accused must have been entrusted with a property as trust (amanat), or must had dominion over it as trust (amanat)--Secondly, after such entrustment or dominion is created, the accused must have breached that trust by either dishonestly misappropriating or converting the property to his own use, or dishonestly using or disposing it of in violation of any direction of law, an express or implied legal contract related to the discharge of the trust, or willfully allowing another person to do any of these acts---Both of these elements need to be present in order to constitute criminal breach of trust.
Abdul Rashid Nasir v. The State 2009 SCMR 517 and Ali Raza v. The State 2022 SCMR 1223 rel.