SHAMSUDDIN AHMED vs The STATE — 1970 SCMR 808

Citation: 1970 SCMR 808

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: SHAMSUDDIN AHMED vs The STATE

Headnotes

Case cited as 1970 SCMR 808

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman Title: SHAMSUDDIN AHMED vs The STATE Case No.:Criminal Appeal No. 138 of 1967 Petition for Special Leave to Appeal No. 4-D JUDGMENT Reported As: 1970 SCMR 808 Result: Petition dismissed Judgment JUDGMENT SALAHUDDIN AHMED, J.-This petition for special leave to appeal arises out of an order of conviction and sentence of the petitioner under section 409 of the Pakistan Penal Code. The petitioner was a Cashier at the Government of Pakistan Press, Dacca. He was prosecuted for having withdrawn a sum of Rs. 300 from the Government Provident Fund Account of P. W. 1 Kazi Shamsul Awal, a Lower Division Clerk at the said Press, but instead of having paid the amount to P. W. 1., he misappropriated it. The defence of the petitioner was that he had paid the amount to the Manager of the said Press and P. W. 1 received it from the Manager before P. W. 1 went on leave. It has been contended on behalf of the petitioner that the prosecution has failed to prove dishonest intention on the part of the petitioner. It appears that the withdrawal of the aforesaid amount from the Provident Fund Account of P. W. 1 was sanctioned by the Manager and in due course the petitioner encashed the bill for the amount and made an entry in the cash book showing receipt of the money by him. He, however, made a false entry on the payment side .Of the cash book showing disbursement of the amount. P. W. 1, however, was never paid the…

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