Law:

Section:

Penal Code (XLV of 1860), S. 409-Temporary misappropria­tion-Prosecution not bound to prove that money received by accused was actually converted to his own use. Where, on the evidence, it could not be said that the ultimate intention of the accused was to misappropriate the whole amount, the evidence contained clear indications that some improper motive underlay the deal and the irregularities with which it was accompanied, it was held that in such a case it is not the duty of the prosecution to prove by evidence that the money received by the accused was actually converted to his own use; it is sufficient if the party aggrieved was deprived of the use of the money for an unexplained period, it being presumed in such a case that the accused had applied the money to his personal needs. JUDGMENT MUHAMMAD MUNIR, C. J.-This is an appeal by the State from the judgment of a learned Judge of the High Court of East Pakistan at Dacca reversing the conviction and sentence of Abu Raza respondent under Ss. 409 and -466 of the Pakistan Penal Code. In the year 1954, the respondent was the Superintendent, Amir-ul-Islam the Cashier, Joinul Abedin the Assistant Cashier, and Muslehuddin, brother of the wife of the respondent, the Assistant Miscellaneous Store-keeper of the East Pakistan Government Press at Dacca. In response to a circular letter to certain parties some tenders for the purchase of off-cut paper, which lay in the Press for disposal were received in the Press. One of the firms, Messrs Muhammad Taqi Muhammad Sadiq, made an offer of Rs. 62 per maund which being the highest was accepted and communicated to the firm on the 29th January, 1954. On the 30th January, 1954, the respondent ordered the Miscellaneous Store-keeper and the Assistant Miscellaneous Store-keeper to arrange for the delivery of paper on the 31st January 1954, which was a Sunday, intimating them that he himself would be present at the deal. This order was not communicated to the Miscellaneous Store-keeper. On Sunday the respondent and his brother-in-law, Muslehuddin, went to the Press Godown at Tejgaon. The firm's proprietor, Muhammad Sadiq with another representative of the firm, Shamim Ahmad, came…

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