| Citation(s) |
|---|
| 1980 SLG 262 1980 SLD 262 1980 SCMR 356 |
Supreme Court of Pakistan
Criminal Appeal No. 94 of 1975, decision dated: 4-12-1979. (On appeal from the judgment and order of the Lahore High Court, Lahore, dated 20-01-1975, passed in Criminal Revision No. 262 of 1972).
ANWARUL HAQ, C.J. AND MUHAMMAD AFZAL ZULLAH, J
Nemo for Appellant. Riaz Ahmad, Assistant Advocate General (Punjab) (Muhammad Aslam Uns, Advocate with him) for the State.
Criminal Appeal No. 94 of 1975, decision dated: 4-12-1979. (On appeal from the judgment and order of the Lahore High Court, Lahore, dated 20-01-1975, passed in Criminal Revision No. 262 of 1972).
ANWARUL HAQ, C.J. AND MUHAMMAD AFZAL ZULLAH, J
Nemo for Appellant. Riaz Ahmad, Assistant Advocate General (Punjab) (Muhammad Aslam Uns, Advocate with him) for the State.
TASADIQ HUSSAIN
VS
THE STATE
Law:
Section:
Penal Code (XLV of 1860) ----- S. 409/420 read with Criminal Procedure Code (V of 1898), S. 439 Embezzlement Cheating Appellant on being convicted invoking revisional power of High Court and seeking acquittal on ground of embezzled money having been paid up within period prescribed by rules Record being silent on such plea, High Court held justified in setting aside conviction and directing retrial Enough material being available on record remand of case for fresh decision justified. [Retrial]. JUDGMENT MUHAMMAD AFZAL ZULLAH, J. This appeal through special leave is directed against a revisional order dated 20th January, 1975 by the Lahore High Court, whereby it was directed that the appellant be retried for offences under sections 409 and 420, P. P. C. No one has appeared for the appellant. We treat it as Jail Appeal and proceed to dispose it off on merits. The appellant was employed as Property Tax Inspector. Amongst others, his duty was to collect the tax and deposit it is the District Council Fund. On 15th August, 1967. he collected Rs. 515 as tax. He deposited Rs. 200 and allegedly embezzled Rs. 315. On a report from: the District Council, a case was registered against him under section 409;420, P. P. C. on 10th October, 1967. When arraigned for trial the appellant pleaded guilty with the statement that he had deposited Rs. 315 before the registration of the case. A learned Special Judge convicted the appellant, but taking a lenient view of the matter sentenced him to only a fine of Rs. 45. One Master Ilahi Bux made a complaint to Lahore High Court against the trial Judge as also the appellant. The matter was dealt with on the revisional side under section 439, Cr. P. C. During the hearing it was pleaded before the High Court from the appellant's side that "according to the rules he should have deposited the amount in question within one month of the…
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