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Criminal Appeal No. 203 of 1979, heard on 12th July, 1984.
--‑‑S. 409‑‑Misappropriation‑‑Sentence‑‑Accused Headmaster of a High School, not only losing his service but also suffering agony of protracted trial and remaining in jail for seventeen days after his conviction‑ Sentence altered from imprisonment to fine.‑‑[Sentence].
M. Aqil Mirza for Appellant.
Inayat Ullah Cheema for the State.
Date of hearing: 12th July, 1984.
This criminal appeal arised from the judgment of learned Special Judge, Anti‑Corruption, Rawalpindi, whereby he on 20‑2‑1979 convicted Abdul Qayyum Qureshi appellant under section 409, P.P.C. and sentenced him to four years' R.I. and a fine of Rs.12,000 in default thereof to further R.1. for one year.
2. The learned counsel for the appellant has not challenged the conviction and rightly so because there is ample evidence to connect the appellant with the commission of crime for which he has been convicted. He simply requested for reduction in the sentence. In the circumstances of the case that the appellant was Headmaster of High School that he has not only lost his service but also suffered agony of protracted trial and that he remained in jail about 17 days after his' conviction, I feel inclined to alter the nature of sentence of four years, R.I. to a fine of Rs.15,000 in default thereof to two years' R.I. The fine of Rs.12,000 already awarded by the trial Court and sentence in lieu thereof is however, maintained. Resultantly, the appellant shall deposit Rs.27,000 with the trial Court within four months, failing which the trial Court shall issue warrants for his arrest and detention.
M.Y.H. Appeal accepted
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