BABU KHAN vs THE CROWN Case No — 1970 SCMR 107

Citation: 1970 SCMR 107

Court: Supreme Court of Pakistan

Year: 1954

Decision Date: 1954-02-23

Parties: BABU KHAN vs THE CROWN

Headnotes

Result: Appeal dismissed JUDGMENT JUDGMENT ABDUL RASHID, C. AKRAM, J.-This appeal with our leave obtained by one Babu Khan arises from a judgment of the High Court of Judicature at Lahore, setting aside, on an appeal under section 417, Cr.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Muhammad Shahabuddin, Sir Abdul Rashid, A. S. M. Akram Title: BABU KHAN vs THE CROWN Case No.: Criminal Appeal No. 12 of 1953 Criminal Appeal No. 693 of 1951 Date of Judgment:1954-02-23 Reported As: 1970 SCMR 107 Result: Appeal dismissed JUDGMENT JUDGMENT ABDUL RASHID, C. J.-I would dismiss this appeal on the ground that the offence committed by the appellant falls within the definition of criminal breach of trust as given in section 405 of the Pakistan Penal Code and is not covered by clause (c) of sub-sec--tion (1) of section 5 of the Prevention of Corruption Act, 1947 The appellant was entrusted with the sale of cinders by the Rail-- way Department and he sold the cinders in violation of the directions given to him prescribing the mode in which the trust was to be discharged. AKRAM, J.-This appeal with our leave obtained by one Babu Khan arises from a judgment of the High Court of Judicature at Lahore, setting aside, on an appeal under section 417, Cr. P. C., an order of acquittal passed by the Special Sessions Judge of Lahore, in favour of Babu Khan. The prosecution case was that the appellant, a railway employee, was entrusted with some stock of cinder mixed with small pieces of coal for sale to the railway employees at a fixed rate on their securing sanction from the proper railway authorities for purchase ; that on the 26th of May 1950, the appellant contrary to his instructions, improperly sold three bags out of the…

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