Law:

Section:

(a) Penal Code (XLV of 1860)-------Ss.409, 420, 467, 468 & 471---Prevention of Corruption Act (II of 1947), S.5(2)---Criminal Procedure Code (V of 1898), Ss. 222, 235 & 236---Constitution of Pakistan (1973), Art. 185(3)---Contention that offences of misappropriation under S.409; P.P.C. read with S.5(2) of Prevention of Corruption Act, 1947, could not be tried alongwith offences of forgery and cheating and that mode of trial and misjoinder of charges had vitiated the trial was repelled---Trial of accused, held, had been conducted properly within the frame work of the procedural law whereby no prejudice had been caused to him---Petition merited consideration neither on any point of law nor of fact---Leave to appeal was refused in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 235---Scope---Section 235, Cr.P.C. is an enabling section and it is not obligatory that all charges should be specified---Requirement is that there must be one continuous thread of a common purpose running through the acts to support a joinder of charges in respect thereof. (c) Words and phrases--- ----'Transaction"---Meaning---Transaction means a group of facts so connected together as to involve certain ideas namely unity, continuity and connection. ORDER M. BURHANUDDIN KHAN, J.---The petitioner was tried by the learned Special Judge, Anti-Corruption, N.-W.F.P., Peshawar, under section 409, P.P.C. read with subsection (2) of section 5 of Prevention of Corruption Act, 1947; and also under sections 420, 467, 468 and 471 read with subsection (2) of section 5 of the aforesaid Act. He was found guilty under section 409, P.P.C. read with subsection (2) of section 5 of the said Act and was sentenced to 10 years' R.I. and a fine of Rs.8 lacs, in default, to suffer further imprisonment of 3 years' R.I. He was also found guilty and sentenced to 5 years' R.1. each under the other sections mentioned above. The sentences of imprisonment were ordered to run concurrently and in case of realization of the amount of fine a sum of Rs.5,33,000 was ordered to be paid to the United Bank Limited, Abbottabad per judgment dated 10-1-1984. The petitioner filed an appeal against the said…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492