| Case ID |
37c23214-c9a3-4763-ae32-e64c738c0bfa |
| Body |
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| Case Number |
Criminal Appeal No. 149 of 1974 |
| Decision Date |
Oct 11, 1976 |
| Hearing Date |
|
| Decision |
The Sindh High Court allowed the appeal of Abdul Aziz, a Police Constable, who had been convicted under section 409 of the Pakistan Penal Code and section 5(2) of the Prevention of Corruption Act, 1947. The court found that there was insufficient evidence to prove that the appellant had misappropriated or converted the rifle to his own use. It was established that the appellant had retained the rifle not with dishonest intent but to compel the police authorities to address his grievances. The court set aside the conviction and sentence, emphasizing the benefit of doubt in favor of the appellant. The fine imposed, if paid, should be refunded. |
| Summary |
In the case of Abdul Aziz vs. The State, the Sindh High Court addressed the appeal of a Police Constable convicted for criminal breach of trust under section 409 of the Pakistan Penal Code. The case revolved around the appellant's failure to return a rifle entrusted to him during his duty at the Airport. The court examined the facts surrounding the retention of the rifle, ultimately concluding that the appellant had no intention of misappropriating the property. The court referred to previous cases where similar circumstances led to the conclusion that mere retention of property without intent to misuse does not constitute criminal breach of trust. The judgment emphasized the importance of intent and the necessity for clear evidence of wrongdoing in criminal cases. Keywords: Criminal Appeal, Sindh High Court, Prevention of Corruption Act, 1976, Criminal Breach of Trust, Public Servant, Police Constable, Karachi. |
| Court |
Sindh High Court
|
| Entities Involved |
Karachi Police,
Anti-Corruption Police
|
| Judges |
Z.A. CHANNA, J
|
| Lawyers |
Mr. Jamaluddin
|
| Petitioners |
Abdul Aziz
|
| Respondents |
The State
|
| Citations |
1977 SLD 1804,
1977 PCRLJ 235
|
| Other Citations |
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Prevention of Corruption Act, 1947,
Pakistan Penal Code
|
| Sections |
5(2),
409,
409
|