Law:

Section:

Prevention of Corruption Act (II of 1947)-----S. 5 (2}-Dishonest or fraudulent misappropriation of property by public servant Misconduct, punishable under Section-No bar, however, to accused being charged under S. 409, P. P. C.-Penal Code (XLV of 1860), S. 409. (b) Appeal to Supreme Court- ----Criminal appeal-Sentence, question of-Supreme Court ordinarily does not interfere. S. Nasiruddin, Advocate Supreme Court instructed by S. M. Hanif, Attorney for Appellant. Jamil Hussain Rizvi, Advocate-General West Pakistan (Abdul Qadir, Advocate Supreme Court with him) instructed by Ijaz Ali, Attorney for the State. Date of hearing : 12th November 1958. JUDGMENT SHAHABUDDIN, J. Zille Hasnain Kazmi was convicted and sentenced to rigorous imprisonment for six months and a fine of Rs. 1,000 under section 5(2) of Act II of 1947 by the Special Judge, Hyderabad. On appeal the High Court of West Pakistan, Karachi Bench, altered the conviction into one under section 409, P. P. C. and maintained the sentence. This is an appeal by special leave from the judgment of the High Court. The appellant was the Head Clerk of the Executive Engineer, Jherruck at Thatta and his duty was to receive moneys from the treasury, disburse them and maintain accounts. There was a safe in the of which had double keys i. e. it could not be opened unless both the keys were used. One of the keys was kept with the Executive Engineer while the other was with the appellant; and whenever the Executive Engineer went on tour he left his key with the Accountant as without both the keys the safe could not be opened. The case for the prosecution was that on 24th January 1953 when the Executive Engineer was camping at Jherruck the appellant wanted leave to go to Karachi on grounds of health, that the Accountant (P. W. 6) thereupon sent a telegram to the Executive Engineer informing him of the appellant's request for leave and that the reply was that the appellant could go on leave provided he handed over the charge of the cash etc. But the appellant had left before this reply was received and he did not hand over the cash to the Accountant. This aroused his suspicion and he wrote to the Executive Engineer who…

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