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Appeal No. 410 of 1966, decided on 25th October 1968.
S. 409‑Criminal breach of trust‑Prosecution case found to be wholly misconceived and all innocent person prosecuted and harassed for 7 years‑Conviction and sentence set aside.
Abu Hossain Sarkar for Appellant.
M. A. Mannan for the State.
The appellant has been convicted under section 409 read with section 471 of the Pakistan Penal Code and sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs. 500 under section 409 of the Pakistan Penal Code read with section 5 (2) of Act II of 1947. No separate sentence was passed under section 471 of the Pakistan Penal Code.
I have seldom come across a case in which the prosecution has shown such utter lack of intelligence. The charge against the appellant is that as a village‑aid‑worker he withdrew Rs. 360 being the price of 4000 bricks at Rs. 90 per thousand. The bricks were to be used for repair works of the Primary School. The prosecution case is that the bricks were not supplied by the accused and he misappropriated the amount. But the prosecution evidence is clear that the repair works were carried out and that bricks were used in the repair work and the accused has filed some photos of the building which show extensive brick works.
The essential fact remains on the prosecution evidence itself, that bricks were used for the repair work brat the prosecution has not filed a single receipt or given any evidence from where these bricks were procured. The only evidence is that the villagers supplied 500 bricks, but the repair works are very extensive as shown by the photos and 500 bricks would be wholly inadequate for brick work which had been carried out. In these circumstances the whole prosecution case is misconceived and an innocent man has been prosecuted and harassed for the last seven years. The volume of the records shows that a huge amount of public money has been wasted for the prosecution of an innocent man.
I, therefore, allow the appeal and set aside the order of conviction and sentence and the appellant is discharged from his bail bond.
Appeal allowed.
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