HAMID. HUSSAIN vs THE CROWN — 1970 PCRLJ 22

Citation: 1970 PCRLJ 22

Court: Supreme Court of Pakistan

Year: 1951

Decision Date: 1951-05-15

Parties: HAMID. HUSSAIN vs THE CROWN

Headnotes

Case cited as 1970 PCRLJ 22

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Sir Abdul Rashid, Dr. Sheikh Abdul Rahman, A. S. M. Akram Title: HAMID. HUSSAIN vs THE CROWN Case No.: Criminal Appeal No. 4 of 1951 Criminal Acquittal Appeal No. 189 of 1950 Date of Judgment:1951-05-15 Reported As: 1970 P Cr. L J 22 Result: Appeal dismissed JUDGMENT 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 pre--ferred an appeal in the Chief Court of Sind against both Hamid Hussain and Mangharam who had in the meanwhile migrated 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…

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