| Citation(s) |
|---|
| 2003 SLG 684 2003 SLD 684 2003 SCMR 1658 |
Supreme Court of Pakistan
Criminal Petition No.619-L of 2001, decision dated: 1st January, 2003. (On appeal from the judgment, dated 7-8-2001, of Lahore High Court, Lahore passed in Criminal Appeal No.446 of 1994)
JAVED IQBAL AND FAQIR MUHAMMAD KHOKHAR, JJ
S.M. Nazim, Advocate Supreme Court for Petitioner. Nemo for the State
Criminal Petition No.619-L of 2001, decision dated: 1st January, 2003. (On appeal from the judgment, dated 7-8-2001, of Lahore High Court, Lahore passed in Criminal Appeal No.446 of 1994)
JAVED IQBAL AND FAQIR MUHAMMAD KHOKHAR, JJ
S.M. Nazim, Advocate Supreme Court for Petitioner. Nemo for the State
MUNAWAR HUSSAIN
VS
THE STATE
Law:
Section:
(a) Penal Code (XLV of 1860)--- ----Ss. 409/468/471/34---Prevention of Corruption Act (II of 1947), S.5(2)---Constitution of Pakistan (1973), Art. 185(3)---Reappraisal of evidence---Criminal breach of trust by public servant---Accused being school teacher was handed over cheque for a sum of Rs.98,400 intended to be paid as scholarship to deserving students---Accused opened Bank account rind encashed the cheque---Accused was convicted by Trial Court which was maintained by High Court---Plea raised by the accused was that no entrustment of the amount was ever made to him and no conviction could have been awarded under S.409, P.P.C.---Validity--Accused had complete dominion over the amount in question which was deposited and withdrawn by him---Loss accrued to Government because by drawing the amount in question, the Government was deprived of the use of the same and thus the accused could not be absolved from criminal liability---Conclusion drawn by Trial Court and High Court being well based and in accordance with law and settled norms of justice did not call for any interference by Supreme Court---Leave to appeal was refused. Shamsuddin Ahmed v. The State 1970 SCMR 808 and The State v. Abu Raza PLD 1959 SC (Pak.) 309 ref. (b) Constitution of Pakistan (1973)--- ----Art. 185(3)---Constitutional jurisdiction of Supreme, Court---New plea, raising of---Validity--Plea not raised before High Court during hearing of appeal cannot be agitated before Supreme Court. Khairati v. Aleem-ud-Din PLD 1973 SC 295; Ghualm Muhammad v. Abdul Qadir Khan PLD 1983 SC 68, Neelam Mawaz v. The State PLD 1991 SC 640; Mad Ajab v. Awal Badshah 1984 SCMR 440; Mairaj Sons v. United Bank Limited 1985 SCMR 987; Muhammad Ahmed v. Aziz Begum 1985 SCMR 1962; Sardaro v. Nazran Begum PLD 1985 SC 274; Muhammad Idrees v. Safia Begum 1986 SCMR 795; Muhammad Urfan v. N.-W.F.P. PLD 1984 SC 253; Gul Zairn v. Faizullah 1979 SCMR 501; S.B. Insurance Employees' Union v. Sindh Labour Court 1975 SCMR 49; Nisar Ahmad v. Fazal Muhammad 1975 SCMR 190; Khalid Sharif v. The State 1975 SCMR 178; Begum Zahoorul Haq v. Muhammad Younus 1985 SCMR 1657; Muhammad Ibrahim v. Allah Bakhsh 1968 SCMR 143; Ghualm Haider v.…
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