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Criminal Petition for Leave to Appeal No. 364 of 1984, decided on 26th February, 1985.
(On appeal from the judgment and order of the Lahore High Court, Lahore, dated 2‑10‑1984 in Cr. Appeal No. 440 of 1981).
‑‑Art. 185(3)‑‑Penal Code (XLV of 1860), S. 409‑‑Conviction and sentence challenged‑‑No question of law requiring decision by Supreme Court raised‑‑Not being a fit case for reappraisal of evidence, petition for leave to appeal dismissed.
Iqbal Ahmad Qureshi, Advocate‑on‑Record for Petitioner. Nemo for the State. Date of hearing: 26th February, 1985.
Amir Ali, petitioner seeks leave to appeal against the judgment of learned Single Judge of the Lahore High Court, dated 2‑10‑1984, dismissing his Criminal Appeal (No. 440 of 1981) .
Amir Ali was an Ahlmad in the Court of Magistrate. He was tried and convicted of an offence under section 409, P.P.C. on the charge that he had criminally misappropriated a file relating to complaint case titled Bashir Ahmad v . Faiz Ahmad and others under sections 323, 327, 148 and 149, P.P.C. which was in his custody. The prosecution produced 8 witnesses in support of its case. The accused petitioner denied his guilt and produced 4 witnesses in his defence. The trial Court however believed the prosecution evidence and convicted the accused and sentenced him to 15 months' R.I. He filed an appeal in the High Court against his conviction and sentence, which was partly accepted inasmuch as his remaining sentence of imprisonment was substituted by a fine oh Rs. 5,000 in default of payment of which he was ordered to undergo further 6 months' R.I.
We have heard the petitioner's counsel, he has not raised any question of law requiring decision by this Court. We have also gone through the judgments of the Court below we do not think a fit for reappraisal of evidence. The petition is, therefore, dismissed as having no merits.
Petition dismissed.
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