Law: Penal Code (XLV of 1860)

Section: S. 406

Penal Code (XLV of 1860), S. 406-Criminal breach of trust-- Accused receiving money for construction of roof-Purchasing material but misappropriating same along with balance of money and disappearing-" Dishonest intention " attributable in circum stances of case.   ORDER   This is a reference by the learned Sessions Judge of Karachi recommending that the sentence of fine of Rs. 500 or 3 months' rigorous imprisonment in default imposed on the respondent Yousuf Qamar for an offence under section 406, P. P. C. be enhanced, as it was "inadequate and ludicrously low " for the reason that the criminal breach of trust was committed in respect of an amount of Rs. 2,500. The respondent was convicted and sentenced by Mr. Zikarur Rehman, S. D. M. Harbour, Karachi on 3-12-1960.   Mr. G. M. Shah appearing for the respondent has contended that there is no questionof enhancement of sentence as the conviction of the appellant cannot be sustained. In view of this contention raised on behalf of the respondent it is necessary to state the facts of the case in some detail.   The allegations against the respondent were that he had received an amount of Rs.2,500 on different dates from the complainant Muhammad Ghalif Qureshi (P. W. 3) for the construction of the roof of the complainant's house in Nazimabad. Rs. 1,000 were paid by cheque on 16-10-1956, another sum of Rs. 1,000 was paid on 5-3-57, by means of a second cheque, and the last instalment of Rs. 500 was paid on 1-4-57 also by a cheque on the same bank, namely, Habib Bank, Karachi. The respon dent furnished receipts (Exh. 3-A, Exh. 3-B, Exh. 3-C and Exh. 3-D) relating to these amounts. The complainant alleged that after buying some material for the construction of the roof in question and also putting up shutterings for this purpose, the respondent disappeared and also removed the material and the shutterings, thereby leaving the work unfinished. The respon dent was ultimately traced by the complainant and an acknowledg ment (Exh. 3-E) was obtained from the respondent on 4-9-57. In this document the respondent admitted the receipt of the sums mentioned above and promised that…