Case Details

Citation(s)
1969 SLG 1375 1969 SLD 1375 1969 SCMR 793
Supreme Court of Pakistan
(On appeal from the judgment and order, dated 15th December 1950, of the Chief Court of Sind, in Criminal Acquittal Appeal No. 189 of 1950).
ABDUL RASHID, C.J., A. RAHMAN AND M. AKRAM, JJ

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HAMID HUSSAIN

VS

THE CROWN

Law:

Section:

Constitution of Pakistan (1956)--------Art. 160-Facts of case, as presented by petitioner, requiring close scrutiny-Special Leave to Appeal granted by Supreme Court. Sh. Bashir Ahmad, Senior Advocate Federal Court (Ghfas Mohd., Advocate Federal Court with him)instructed by Muhammad Siddiq Khan, Attorney for Petitioner. M. Anwar, Advocate Federal Court instructed by S. Zahir Abbas, Attorney for the Crown. ORDER AKRAM, J.-This is a petition for special leave to appeal by one Hamid Hussain, Head Cashier in the office of the Electric Corporation of Hyderabad. The. petitioner and one Mangha Ram, the Secretary of the said Corporation, were put upon trial before the Special Magistrate of Hyderabad, on a charge under section 408 of the Pakistan Penal Code. The Magistrate gave them both the benefit of doubt and acquitted them. Against their acquittal the local Government preferred an appeal. Mangha Ram, the co-accused, having in the meantime migrated to India, the appeal against him was not proceeded with. The Chief Court of Sind, after hearing the arguments for the petitioner Hamid Hussain allowed the appeal, and sentenced him to two years' rigorous imprisonment. Shortly stated, the case for the prosecution was that the petitioner and Mangha Ram had committed breach of trust in respect of a sum of Rs. 10,600 belonging to the Electric Corporation. The defence of the petitioner was that this sum of money was taken by Mangha Ram, who had given a receipt for the same, but had subsequently done away with it surreptitiously. It has been urged before us by the learned counsel for the petitioner that some of the cogent reasons given by the trial Court in support of the order of acquittal have not been adequately and sufficiently dealt with by the learned Judges, who heard the appeal, and that…
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