SIRAJUL ISLAM vs THE STATE — 1971 PLD 1791

Citation: 1971 PLD 1791

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-02-02

Parties: SIRAJUL ISLAM vs THE STATE

Headnotes

Case cited as PLD 1971 SC 1791

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Mujibur Rahman Khan, Sajjad Ahmad Jan Title: SIRAJUL ISLAM vs THE STATE Case No.: Criminal Appeal No, K-25 of 1966 Date of Judgment:1971-02-02 Reported As: PLD 1971 Supreme Court 213 Result: Appeal accepted JUDGMENT JUDGMENT M. R. KHAN, J.--This appeal, by special leave, is against the judgment and order of a Division Bench of the High Court of West Pakistan, Karachi Bench, in Criminal Acquittal Appeal No, 45 of 1961 by which the trial Court's order acquitting the appellant of the charges of 'criminal breach of trust' and 'criminal misconduct' were set aside and he was convicted and sentenced for those offences. The salient facts revealed in this case were as follows :-- The appellant Sirajul Islam was appointed Superintendentcum-Drawing and Disbursing Officer of the Establishment Branch of the Department of Manpower and Employment Exchange (Labour Division), Ministry of Health and Social Welfare,. Government of Pakistan. He took over charge of his office on 7-3-58 from Mr. Ghulam Mustafa. At that time, Hamid Hussain was the cashier in that office. On the said date, the cash balance, according to the cash-book, was Rs, 4,278-7-5. On 11-3- 58, Hamid Hussain prepared a statement tExh. 43) according to which the actual cash in hand on that date was Rs, 1,434-11-5. Taking into consideration the entries in the cash-book from 8-3-58 and 11-3-58 along with statement--Exh. 43, it appeared that there had already…

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