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Criminal Appeal No. 444 of 1979, heard on 11th July, 1984.
-- S. 409-Criminal breach of trust-Sentence, reduction in Besides losing service accused remaining in jail for more than 1 months after conviction-Accused also liable for misappropriation of Rs. 194 only-Sentence of one year's R. I. altered to fine of Rs. 500 in circumstances.-[Sentence].
Shahid Hussain Kadri for Appellant.
Shabbir Lali for the State.
Date of hearing : 11th July, 1984.
This criminal appeal arises from the judgment of learned Special Judge, Anti-Corruption, Rawalpindi, whereby he on 16th April, 1979 convicted Muhammad Inayat appellant under section 409, P. P. C. and sentenced him to one year's R. I. and a fine of Rs. 200 in default thereof to further R. I. for two months.
2. The learned counsel has not challenged the conviction of the appellant and rightly so because there is sufficient evidence to connect the appellant with the commission of offence punishable under section 409, P. P. C. He simply requested for leniency in the matter of sentence. In the circumstance of the case that the appellant has not only lost his service but also remained in jail for more than 11 months after his conviction and that he misappropriated Rs. 194 only, I feel inclined to alter the nature of sentence from one year's R. I. to a fine of Rs. 500 in default thereof to further R. I. for 6 months. The fine of Rs. 200 already awarded by the trial Court is, however, maintained. Resul tantly, the appellant shall deposit Rs. 700 with the trial Court within two months, failing which, the trial Court shall issue warrants for his arrest and detention.
S. G. D. Order accordingly,
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