KHUSHI MUHAMMAD AKHTAR vs THE STATE — 1970 PCRLJ 797

Citation: 1970 PCRLJ 797

Court: Lahore High Court

Year: 1969

Decision Date: 1969-02-24

Parties: KHUSHI MUHAMMAD AKHTAR vs THE STATE

Headnotes

Case cited as 1970 PCRLJ 797

Judgment Text

Court Name: Lahore High Court Judge(s): Shamim Hussain Qadri Title: KHUSHI MUHAMMAD AKHTAR vs THE STATE Case No.: Criminal Appeal No. 97 of 1965 Date of Judgment:1969-02-24 Reported As: 1970 P Cr. L J 797 Result: Sentence reduce JUDGMENT JUDGMENT Rashid Ahmad, Chairman Town Committee, Lalliani, moved a resolution (Exh. P. J:) on the 30th of April 1961, to the effect that Khushi Muhammad Akhtar Secretary of the Committee had dis-- appeared in the absence of acceptance of his resignation and he had some doubts about the misappropriation of Committee funds. Accordingly, the Committee passed the resolution (Exh. P. J/1) wherein he was authorised to move the Government for audit of the accounts of the Committee and if after the audit some defalcation be found, the Chairman may proceed against the Secretary according to law. The accounts were audited by Abdul Aziz (P. W. 11) and his report disclosed that the Secretary had misappropriated certain amounts of the Committee. The Chairman wrote letter (Exh. P. H.) to the S. H. O. Police Station Lalliani and a formal F. I. R. (Exh. P. H./1) was registered on the 18th of October 1961. The case was investigated and the accused was challaned. He was tried by the Special Judge and convicted under section 409, P. P. C. Read with section 5 (2) of the Prevention of Corruption Act (II of 1947) and was sentenced to six months' rigorous imprisonment and a fine of Rs. 603.20. The amount of fine has already been deposited by the appellant. He has…

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