JABANUDDIN CHOWDHURY vs The STATE — 1971 SCMR 57

Citation: 1971 SCMR 57

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: JABANUDDIN CHOWDHURY vs The STATE

Headnotes

Case cited as 1971 SCMR 57

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan Title: JABANUDDIN CHOWDHURY vs The STATE Case No.:Criminal Appeal No. 272 of 1967 Petition for Special Leave to Appeal No. 12- JUDGMENT Reported As: 1971 SCMR 57 Result: Petition dismissed Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioner, who was at the relevant time the Chairman of the Kashiram Belpukur Union Council of P. S. Saidpur, was convicted by the Assistant Sessions Judge and Ex-officio Special Judge, Rangpur, under section 409 of the Pakistan Penal Code read with section 5(1) of the Preven--tion of Corruption Act, 1947. He was sentenced to suffer rigorous imprisonment for two years as also to pay a fine of Rs. 2,000 or in default undergo further rigorous imprisonment for one year. On appeal, a learned Single Judge of the High Court of East Pakistan has upheld the conviction but reduced the sentence of rigorous imprisonment from two years to six months. The sentence of fine together with the sentence in default have, how--ever, been maintained. The petitioner now seeks special leave to appeal to this Court. The case against the petitioner was that he had failed to pro--duce, on demand, the amounts found to be standing to the credit of the Union Council on the checking of its accounts by the Circle Officer, Development, Saidpur. He was accordingly charged with having criminally misappropriated a sum of Rs. 5,379.37 between the period 29-3-1964 and 10-8-1964. The case of the…

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