Law: Penal Code (XLV of 1860)

Section: Ss. 379 & 409

  Accomplice-Person neither privy to offence nor shown to have conspired with others to commit offence-Not accomplice-- Evidence Act (I of 1872), S. 133.   Penal Code (XLV of 1860), Ss. 379 & 409-Accused neither entrusted with nor having dominion over property, facilitating removal of property and helping to get it loaded in truck-Guilty of theft and not misappropriation.   Inayat Ullah v. The State P L D 1961 Lah. 669 distinguished.   Pakistan Criminal Law (Amendment) Act (XL of 1958), S. 5 (7)- Accused while being tried for a scheduled offence can be tried for offence which is not scheduled-Criminal Procedure Code (V of 1898), Ss. 236 & 237-Penal Code (XLV of 1860), S. 379 read with S. 409.   Monoranjan Dey v. The State P L D 1959 Dacca 616 and Muhammad Ayub Khuhro v. Pakistan P L D 1960 S C (Pak.) 237 distinguished.   Pakistan Criminal Law (Amendment) Act (XIX of 1948), S. 5 (5) and Pakistan Criminal Law (Amendment) Act (XL of 1958), S. 6 (5)-Sanction accorded under old Act valid for pro secution of offence under new Act-General Clauses Act (X of 1897), S. 6. JUDGMENT   Muzaffar Hussain Shah, who was tried together with four others by the learned Special Judge Anti-Corruption, Lahore, came to be convicted under section 379, P. P. C. and was sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. :0,000. In default of payment of fine he was ordered to undergo rigorous imprisonment for a further period of eight months. His co-accused were given the benefit of doubt and got acquitted. Muzaffar Hussain Shah appeals.   2. The material facts of the case are these : Muzaffar Husain Shah, who worked as Store Munshi in the Electricity Department, Central Zone, Shalimar, at the relevant time, committed in his capacity as a public servant, criminal breach of trust in respect of 23 bundles of No. 8-SWG copper coils worth Rs, 50,000 of Electricity Department, Shalimar Store, by making over the same to Muhammad Ishaque, contractor, who removed it in truck No. PBU-762. Information regarding the theft and possession of this copper wire by Muzaffar Ahmed co-accused was received by Sub-Inspector…