GUL HASSAN vs The STATE — 1970 SCMR 441

Citation: 1970 SCMR 441

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-03-03

Parties: GUL HASSAN vs The STATE

Headnotes

Case cited as 1970 SCMR 441

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan, Sajjad Ahmad Jan Title: GUL HASSAN vs The STATE Case No.: Criminal Appeal No. K-14 of 1968 Date of Judgment:1970-03-03 Reported As: 1970 SCMR 441 Result: Appeal dismissed JUDGMENT JUDGMENT SAJJAD AHMAD, J.-Gul Hassan appellant who, at the relevant time, was an Assistant City Survey Officer in the office of the City Deputy Collector, Karachi, was tried along with Muhammad Amir Israili who was a cashier in the same office, on charge under section 420, P. P. C., section 5 (2) of Act II of 1947 read with section 120-B, P. P. C. The charge against them was that they as public servants had committed criminal misconduct by conspiring together and obtaining pecuniary advantage of Rs. 6,000 by corrupt and illegal means by cheat--ing one, Haji Abdul Sattar Haji Muhammad, by misrepresent--ing to him that a penalty had been imposed upon him by the City Deputy Collector, Karachi, on account of unauthorized constructions made by him on plots Nos. 117/1 to 117/6, Garden East, Karachi. The Special Judge, Hyderabad, acquit--ted both the accused persons, but on a State appeal under section 417 of the Criminal Procedure Code a Division Bench of the High Court of West Pakistan at Karachi while up--holding the acquittal of Muhammad Amir Israili found the appellant Gul Hassan guilty of the charge leveled against him and sentenced him to imprisonment till the rising of the Court and to pay a fine of Rs. 6,000…

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