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Criminal Appeal No. 354 of 1977, heard on 2nd July, 1985.
---S. 409--Criminal breach of trust--Accused entrusted with money for depositing into Government treasury, but lie failed to deposit same for about two and a half months--E nt rust ment of money and criminal breach of trust proved from admission made by accused himself--Trial Court properly appreciating evidence and giving good reasons in support of its judgment--Appeal against order of trial Court dismissed.
Muhammad Ghani for Appellant.
Muhammad Arshad Qureshi for the State.
Date of hearing: 20th July, 1985.
This Criminal Appeal arises from the judgment of learned Special Judge, Anti-Corruption, Rawalpindi whereby he, on 16-3-1977, convicted Muhammad Aslam appellant under section 409, P.P.C. and sentenced him to a fine of Rs. 150 in default thereof one month R.I.
2. The appellant was a junior clerk in the Excise Department Mandi Baha-ud-Din. The charge against him was that he received Rs.86.40 from Muhammad Zaman P.W. a property owner and did not deposit the same in the treasury and committed criminal breach of trust in respect thereof. He denied the charge and claimed to be tried.
3. To prove its case, prosecution examined seven witnesses. Muhammad Zaman appeared as P. W . 3. lie stated that he had received a notice for the payment of house tax. He went to the office and give Rs.86.40 to the accused/appellant vide receipt Exh. P.W. 1/A. The witness further stated that despite payment of the tax, he received a notice for the payment of the same so he went to the office and contacted Inspector concerned and showed him receipt P.W. 1/A. Haji Muhammad Abdullah P.W. 5 stated that he had given Rs.100 to the appellant towards the payment of tax. The appellant had issued a chit to him which he subsequently took back. The rest of the evidence is more or less, of formal nature.
4. When examined under section 342, Cr.P.C. the appellant admitted that he had received Rs.86.40 from Muhammad Zaman on 19-11-1973 as property tax. His plea was that he having deposited the same on 9-2-1974 in the treasury had committed no offence. In defence he produced Tahir Aslam D.W. 1 who stated that the appellant was of good moral character.
5. The learned counsel for the appellant contends that it was, at the worst a case of temporary retention of the amount and as such the appellant could not have been convicted under section 409, P.P.C. Conversely the learned counsel for the State has supported the judgment of the trial Court.
6. I have considered the arguments advanced by the learned counsel for the parties with care. I have not been. able to persuade myself to agree with the learned counsel for the appellant. I find that the entrustment as well as criminal breach of trust stands proved not only from the statement of Muhammad Zaman but also from the admissions made by the appellant himself. Under the law he was required to deposit the money received by him from Muhammad Zamati immediately in the treasury but he did not deposit the same for about 2 months. The learned trial Court has properly appreciated the evidence and has given good reasons in support of its judgment. The appellant has already leniently been dealt with.
7. For what has been stated above, the appeal is dismissed.
M. Y. H.
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