| Citation(s) |
|---|
| 1987 SLG 780 1987 SLD 780 1987 SCMR 1943 |
Supreme Court of Pakistan
Criminal Appeals Nos. 70 and 71 of 1987, decision dated: 24-06-1987.On appeal from the judgment and order of the Lahore High Court, Multan Bench, dated 28-3-1983 passed in Criminal Appeal No.843 of 1976
ASLAM RIAZ HUSSAIN, SAAD SAOOD, JAN AND MIAN BURHANUDDIN KHAN, JJ
Ejaz A. Shaikh, Advocate-on-Record for Appellant (in Criminal Appeal No. 70 of 1987). M. Nawaz Abbasi, A.A.G. (Punjab) for the
Respondent (in Criminal Appeal No. 70 of 1987). M. Nawaz Abbasi, A.A.G. (Punjab) for Appellant (in Criminal Appeal No. 71 of 198
Criminal Appeals Nos. 70 and 71 of 1987, decision dated: 24-06-1987.On appeal from the judgment and order of the Lahore High Court, Multan Bench, dated 28-3-1983 passed in Criminal Appeal No.843 of 1976
ASLAM RIAZ HUSSAIN, SAAD SAOOD, JAN AND MIAN BURHANUDDIN KHAN, JJ
Ejaz A. Shaikh, Advocate-on-Record for Appellant (in Criminal Appeal No. 70 of 1987). M. Nawaz Abbasi, A.A.G. (Punjab) for the
Respondent (in Criminal Appeal No. 70 of 1987). M. Nawaz Abbasi, A.A.G. (Punjab) for Appellant (in Criminal Appeal No. 71 of 198
SULTAN KHAN-
VS
THE STATE
Law:
Section:
(a) Penal Code (XLV of 1860)-----S. 409--Prevention of Corruption Act (I1 1947), S. 5(2)--Criminal breach of trust by public servant--Accused-appellant, Inspector of Food Department, convicted and sentenced for misappropriating food-grain from Government Godown--No misreading or non-reading of record found and conviction of accused based on correct appraisal of evidence--Prosecution proving its case against accused beyond any reasonable doubt--Fact that accused's relatives had readily deposited the amount of Rs.11,000 in Government Treasury to repay the cost of misappropriated quantity of food-grain left no doubt about guilt of accused--Appeal being without any merit was dismissed. Muhammad Amin v. The State P L D 1984 S C 343 and Qazi Salahuddin v. The State P L D 1986 S C 548 ref. Abdul Hamid and another v. The State P L D 1963 (W.P.) Kar. 363 and Saeed Zakaria, v. The State and another 1972 S C M R 118 cited. (b) Penal Code (XLV of 1860)-- ---S. 409--Prevention of Corruption Act (II of 1947), S. 5(2)--Criminal breach of trust by public servant--Sentence--Accused-appellant convicted and sentenced by Trial Court to R.I. for four years and fine of Rs.4,000 for misappropriating food-grain from Government Godown--High Court on appeal, however, reducing sentence of imprisonment to one already undergone by accused and sentence of fine to Rs.2,000--Principle of law regarding question of sentence was that the punishment must commensurate with the gravity of offence-Public servant being custodian of and having domain over public property, should not, with impunity, commit misappropriation of public property--Such acts of deliquency, held, should be dealt with a heavy hand as stressed in P L D 1986 S C 548--Order of High Court set aside and that of trial Judge restored. Qazi Salahuddin v. The State P L D 1986 S C 548 ref. JUDGMENT MIAN BURHANUDDIN KHAN, J.--This judgment shall dispose of both the above-mentioned appeals which arise out of a single order of the Lahore High Court, Multan Bench, dated 28-3-1983, passed in Criminal Appeal No.843 of 1976, whereby conviction of the accused /appellant in Criminal Appeal No. 70 of 1987, under section 409 P . P. C.. read with…
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