Law:

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Appeal to Supreme Court-Criminal appeal-Appreciation of evidence-Supreme Court ordinarily does not go into. Sh. Bashir Ahmad, Senior Advocate Federal Court (Ghlas Mohd., Advocate Federal Court with him) instructed by Muhammad Siddiq Khan, Attorney for Appellant. M. Anwar, Advocate Federal Court instructed by S. Zahir Abbas for the Crown. Date of hearing : 15th May 1951. JUDGMENT ABDUL RASHID, C. J.-The appellant, Hamid Hussain, and one Mangharam, were tried by the Special Magistrate, Hyderababd, for an offence under section 408 of the Pakistan Penal Code. They were alleged to have committed criminal breach of trust in respect of a sum of Rs. 10,600 as servants of the Electric Corporation, Hyderabad. The Magistrate acquitted both the accused on the ground that he was unable to make up his mind as to which of the two accused had embezzled the sum of Rs. 10,600. He, accordingly, gave the benefit of doubt to both. Against this decision, the Provincial Government preferred an appeal in the Chief Court of Sind against both Hamid Hussain and Mangharam had meanwhile from Pakistan to India, and it was found impossible to secure his presence. The appeal of the Provincial Government against Hamid Hussain was accepted by the Sind Chief Court the order of acquittal was reversed, and the appellant was sentenced to two years' rigorous imprisonment. By an order dated the 14th February 1951, special leave was granted to Hamid Hussain to appeal to this Court. The material facts of the case may be shortly stated. Sardar Bahadur (P. W. I) was the Manager of the Electric Corporation of Hyderabad. He had retired as a Collector of Hyderabad in. 1946, and had taken service with the Electric Corporation. Mangharam, accused, was Secretary of the Corporation, and Hamid Hussain, appellant, was the Head Cashier. The permission of the Manager was necessary before any employee could take an loan from the Company. In February 1949, Mangharam wanted a loan of Ids. 5,000. He was told by the Manager to raise as much money as possible privately. As Mangharam had a deposit of Rs. 1,000 with the Company, the Manager sanctioned him a loan of Rs. 4,000. He was allowed to draw a sum of Rs. 5,000 that…

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