THE STATE vs GHULAM AHMAD — 1971 PLD 198

Citation: 1971 PLD 198

Court: Peshawar High Court

Year: 1971

Decision Date: 1971-04-01

Parties: THE STATE vs GHULAM AHMAD

Headnotes

Case cited as PLD 1971 Peshawar 198

Judgment Text

Court Name: Peshawar High Court Judge(s): Bashir-ud-Din Ahmad Khan, Shah Zaman Babar Title: THE STATE vs GHULAM AHMAD Case No.: Criminal Appeal No, 85 of 1968 Date of Judgment:1971-04-01 Reported As: PLD 1971 Peshawar 198 Result: Appeal accepted, Retrial ordered JUDGMENT JUDGMENT SHAH ZAMAN BABAR, J.--This is an appeal under section 417, Cr. P. C. from the judgment dated 23rd December 1967, whereby Mr. Mohammad Jan Khan, Special Judge, Anti-Corruption Establishment, Peshawar, acquitted Ghulam Ahmad accused-respondent of the charge under section 409, P. P. C. 2. The charge against Ghulam Ahmad accused was that he while serving the State as a Dark Room Assistant, T. B. Clinic, Lady Reading Hospital, Peshawar, on or about 26-10-1965, abused his official position, by criminally misappropriating Rs, 5,438.25, which he received on account of charity box collections from the public, and thereby he appears to have committed an offence punishable under section 409, P. P. C. 3. Sardar Fakhri Alam, Advocate-General for the State and S. Ghazanfar Ali Shah Bokhari, Advocate, for Ghulam Ahmad respondent heard. The investigation file and the judicial file of the Court perused. Since the year 1952 a charity box, affixed with a lock, used to be placed in the T. B. Clinic of the Lady Reading Hospital, Peshawar. Charity donations in money used to be put in the charity box at day time. The key of the box used to be in possession of the medical officer in charge. The box used to be placed in…

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