| Citation(s) |
|---|
| 1999 SLG 1217 1999 SLD 1217 1999 PLD 95 |
Balochistan High Court
Special Criminal Appeals Nos. 2 and 3 of 1998, decided on 27th May, 1999, Dates of hearing: 26th and 27th May, 1999.
MIR MUHAMMAD NAWAZ MARRI, JUSTICE AND AMAN ULLAH KHAN, JUSTICE
Muhammad Nawaz Khan Barakazai for Appellant (in Special Criminal Appeal No.2 of 1998). Muhammad Aslam Chishti for Appellant (in Special Criminal Appeal No.3 of 1998). Muhammad Shafi Rakhshani for the State (in Special Criminal Appeals Nos.2 and 3 of 199
Special Criminal Appeals Nos. 2 and 3 of 1998, decided on 27th May, 1999, Dates of hearing: 26th and 27th May, 1999.
MIR MUHAMMAD NAWAZ MARRI, JUSTICE AND AMAN ULLAH KHAN, JUSTICE
Muhammad Nawaz Khan Barakazai for Appellant (in Special Criminal Appeal No.2 of 1998). Muhammad Aslam Chishti for Appellant (in Special Criminal Appeal No.3 of 1998). Muhammad Shafi Rakhshani for the State (in Special Criminal Appeals Nos.2 and 3 of 199
MUHAMMAD HUSSAIN KAKAR AND another--AppellantS
VS
THE STATE--Respondent
Law:
Section:
Penal Code (XLV of 1860) ----Ss. 409/109 & 477-A---Prevention of Corruption Act (II of 1947), S.5(2)--¬Appreciation of evidence---Account in question even if was being operated by the accused, nothing was available on record to show that the Bank had sustained any loss due to the operation of the said account---Neither any loss was reported by the Bank nor any claim was lodged by the account-holder---Accused could not be shown to have intentionally aided the commission of the offence--¬Without proof of entrustment accused could not be held guilty of the offence under S. 409, P.P.C. and prosecution had failed to prove that any amount was entrusted to him and, thus, the question of misappropriation did not arise---Accused were acquitted in circumstances. Law of Crimes by Rathan Lal and Dhiraj Lal, 23rd Edn. and Penal Code of India by Dr. Sarbari Singh Gour, 10th Edn. ref. THIS JUDGMENT DELIVERED BY: AMAN ULLAH KHAN, JUSTICE:---.--- By this common judgment we propose to dispose of Special Criminal Appeals No.2 of 1998 and 3 of 1998 filed by appellants Muhammad Hussain and Shuja Hussain respectively as both the appeals arise out of the common judgment dated 9-6-1998 passed by Special Judge Banking Court, Balochistan at Quetta. 2. The appellant Muhammad Hussain was convicted under section 409, P.P.C. read with section 109, P.P.C. to seven years R.I. and a fine of Rs.1,00,000 in default to further undergo R.I. for one year; under section 5(2) Act II of 1947 he was further sentenced to seven years' R.I. and a fine of Rs.1,00,000, in default to further undergo R.I. for one month and under section 477-A, P.P.C. he was sentenced to suffer R.I. for five years and a fine of Rs.50,000, in default to further undergo R.I. for six months. Appellant Shuja Hussain was convicted under section 409, P.P.C. read with 109, P.P.C. to suffer R.I. for seven years and a fine of Rs.1,00,000 in default to further undergo R.I. for one year, under section 5(2) Act II of 1947 he was further sentenced to R.I. for seven years and a fine of Rs.1,00,000 in default to further undergo R.I. for one year. The sentences of both the appellants were ordered to run concurrently. 3. Briefly stated the…
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