| Citation(s) |
|---|
| 1970 SLG 3191 1970 SLD 3191 = 1970 PCRLJ 951 |
Supreme Court of Pakistan
Criminal Appeal No. K-14 of 1968, decided on 3rd March 1970.
Presented By: Hamoodur Rahman, C. J., Sajjad Ahmad and M. R. Khan, JJ
Mahmud Ali, 'Senior Advocate Supreme Court (Raja Haq Nawaz Khan, Advocate Supreme Court with him) instructed, by K. A. Ghani, Advocate-on-Record for Appellant. Jamaluddin H. Ahmad, Advocate Supreme Court instructed by Ijaz Ali, Advocate-on-Record for the State.
Criminal Appeal No. K-14 of 1968, decided on 3rd March 1970.
Presented By: Hamoodur Rahman, C. J., Sajjad Ahmad and M. R. Khan, JJ
Mahmud Ali, 'Senior Advocate Supreme Court (Raja Haq Nawaz Khan, Advocate Supreme Court with him) instructed, by K. A. Ghani, Advocate-on-Record for Appellant. Jamaluddin H. Ahmad, Advocate Supreme Court instructed by Ijaz Ali, Advocate-on-Record for the State.
GUL HASSAN-Appellant
VERSUS
THE STATE-Respondent
Law:
Section:
(On appeal from the judgment and order of the High Court of West Pakistan, 'Karachi Bench, Karachi, dated the 8th June 1966, in Criminal Acquittal Appeal No. 235 of 1964). Acquittal -High Court on appeal against acquittal setting aside acquittal and convicting accused-Number of features in case creating doubt as to prosecution story-Special Leave to Appeal granted by Supreme Court to re-examine evidence to ensure safe dispensation of justice. Dates of hearing: 2nd, and 3rd February 1970. JUDGMENT SAJJAD AHMAD, J.-Gul Hassan appellant who, at the relevant time, was an Assistant City Survey Officer in the office of the City Deputy Collector, Karachi, was tried along with Muhammad Amir Israil who was a cashier in the same office, on charge under section 420, P. P. C., section 5 (2) of Act 11 of 1947 read with section 420-B, P. P. C. The charge against them was that they as public servants had committed criminal misconduct by conspiring together and obtaining pecuniary advantage of Rs. 6,000 by corrupt and illegal means by cheat ing one, Haji Abdul Sattar Haji Muhammad, by misrepresent ing to him that a penalty had been imposed upon him by the City Deputy Collector, Karachi, on account of unauthorized constructions made by him on plots Nos. 117/1 to 11716, Garden East, Karachi. The. Special Judge, Hyderabad, acquit ted both the accused persons, but on a State appeal under section 417 of the Criminal Procedure Code a Division Bench of the High Court of West Pakistan at. Karachi while up holding the acquittal of Muhammad Amir Israil found the appellant Gut Hassan guilty of the charge levelled against him and sentenced: him to imprisonment till the rising of the Court and to pay a fine of Rs. 6,000 or in default to undergo six months' rigorous imprisonment. As it was a case of reversal of acquittal by the High Court and it was contended that there were a number of features in the case as canvassed in the judgment of the trial Judge which created a doubt as to the prosecution story, leave to appeal was granted by this Court to re-examine the evidence to ensure safe dispensation of justice. The facts of the prosecution story, briefly stated, are as had…