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Criminal Appeal No. K‑3 of 1971, decided on 21st February 19 72.

(On appeal from the judgment and order of the High Court of West Pakistan, Karachi Bench, dated the 21st May 1968, it Criminal Acquittal Appeal No. 129 of 1966).

Penal Code (XLV of 1860),

S. 409‑Criminal misappropriation‑Sentence‑Person convicted and sentenced to imprisonment for 12 months and to a fine of Rs. 5,000 for misappropriating Rs.16,600‑Convict in appeal before Supreme Court agreeing to repay entire amount misappropriated‑Supreme Court, in circum stances, modifying sentence by imposing fine of Rs. 17,000 am simple imprisonment till rising of Court‑Out of fine realized Rs. 16,600 paid to complainant and Rs. 400 as fine to State.

Khalid M. Ishaque, Advocate Supreme Court instructed by Mujahid Hussain, Advocate‑on‑Record for Appellant.

Usman Ghani Rashid, Assistant Advocate‑General Sind (Hamid Hussain, Advocate Supreme Court with him) instructed by Shafiq Ahmad, Advocate‑on‑Record for Respondent.

Date of hearing : 21st February 1972.

This appeal by special leave is from an order of a Division Bench of the former High Court of West Pakistan. Karachi Bench, convicting the appellant under section 409 of the Pakistan Penal Code and sentencing him to undergo imprisonment for 12 months and to pay a fine of Rs. 5,000 and in default of payment of fine, to suffer further imprisonment for one year. This conviction was made on an appeal filed by the State from an order of ‑acquittal passed in favour of the appellant by the trial Court:

The total amount said to have been misappropriated by the appellant as a Clearing Agent is Rs. 16,600. The appellant having agreed to repay the entire amount misappropriated by him has today offered to pay the said amount as well as any other sum that may be required to be paid by him. The learned Assistant Advocate‑General, Sind, Mr. Usman Ghani Rashid, has agreed to the proposal of the appellant. The occurrence took place some time in the year 1962. We accordingly make the following directions modifying the sentence imposed upon the appellant.

While maintaining the conviction of the appellant under section 409 of the Pakistan Penal Code we reduce the sentence, of imprisonment passed on him to simple imprisonment till the rising of the Court. We impose a fine of Rs. 17,000 (Rupees seventeen thousand) and direct that out of this amount a sum of Rs. 16,600 be paid to the complainant department, namely, the Government Weaving and Finishing Centre, Shahdara and the balance of Rs. 400 (Rupees four hundred) be paid as fine to the State. The appellant has produced the entire amount in Court and the learned Assistant Advocate‑General has received the entire amount. The learned Assistant Advocate‑General will remit the amount to the Government Weaving and Finishing Centre, Shahdara and to the State Treasury in the proportion stated above.

The appeal is accordingly dismissed with the aforesaid modification in the sentence.

Appeal dismissed. Sentence modified.

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