ORDER SHEET
IN THE HIGH COURT OF SINDH AT KARACHI
Cr. Appeal No.522 of 2018
Appellant : Mohammad Amin Khan s/o Majeed Khan
through Mr. Habib-ur-Rehman Jiskani,
Advocate
Respondent : The State through Mr. Muhammad Nadeem
Khan, Assistant Prosecutor General, Sindh
Date of hearing : 26.03.2019
Date of Decision : 26.03.2019
JUDGMENT
Abdul Maalik Gaddi, J.– By means of this appeal, the appellant has assailed the legality and propriety of the judgment dated 30.8.2018 passed by the learned Judge, Special Court (Central-I) Karachi in Case No.11 of 2015 registered under Sections 409/420/467/468/471/447-A/109/34 PPC read with Section 5(2) PCA-II 1947 registered at P.S. FIA, CCC, Karachi in Crime No.10 of 2015, whereby the learned trial Court after full dressed trial, convicted and sentenced the appellant, as stated in point No.3 of the impugned Judgment. For the sake of convenience, it would be proper to reproduce point No.3, which reads as under:
“Point No.3: Since the Points No.1 and 2 have been resolved in affirmative, therefore, the accused Muhammad Amin Khan s/o Majeed Khan is liable to be convicted, therefore, he is convicted u/s 409 PPC and sentenced him to suffer R.I. for Three Years and to pay fine of Rs.50,000/- in default thereof he shall further undergo S.I. for Six Months. Accused is further convicted u/s 5(2) PCA-II, 1947 and sente3nced him to suffer R.I. for Two Years and to pay fine of Rs.50,000/- in default thereof he shall further undergo S.I. for Six Months.
All the sentences accorded against the accused/ convict shall run concurrently. Benefit of Section 382-B CrPC is extended to the accused/ convict Accused is present on bail, he be taken into custody and remanded to jail to serve out the sentence according to law. Copy of judgment has been supplied to accused free of cost.”
2. Prosecution case as per FIR is as under:
“Consequent upon receipt of written complaint of Mr. Muhammad Ahmed Usman, Chief Post Master, I.I. Chundrigar Road, Karachi GPO-74200 against Muhammad Amin Khan s/o Majeed Khan, Pension Payment Clerk, Karachi GPO which reproduced as under:-
PAKISTAN POST
OFFICE OF THE CHIEF POST MASTER KARACHI GOP KARACHI 74200
No.KR GPO/F-4-01/Misappropriation in Pension/2015 dated at Karachi the 13.06.2015
To,
The Director,
Federal Inviestigation Agency
(Karachi Zone)
Molvi Tamizuddin Khan Road
Karachi
Sub: MISAPPROPRIATION OF GOVERNMENT MONEY RS.10,113,346/- ESTABLISHED SO FAR ON ACCOUNT OF POSTAL PENSION PAYMENT AT KARACHI GPO__________________________________
It is reported that a case of misappropriation of Government money through payment of Postal pension has been detected at Karachi GPO. As per initial reports, the loss of Government money to the tune of Rs.39,63,832/- was detected. Further inquiries have revealed that the loss of Rs.10,113,346/- has been established so far. The inquiries are under way and the loss is expected to increase.
It is submitted that as per initial inquiries, MR. MUHAMMAD AMIN KHAN S/O MAJEED KHAN, CNIC No.42201-8615239-9 resident of House No.2/167, Shah Faisal Colony, Karachi presently working as Pension Payment Clerk, Karachi GPO has been found directly involved for misappropriation of Government money. A copy of preliminary inquiry conducted into the case is enclosed.
On the basis of above, the case is reported to your office for taking cognizance, make recovery of loss from the accused official and for registration of FIR under the relevant provisions of law. It is added that the accused official may try to escape from the scene. It is, therefore, requested that he may please be apprehended immediately and taken into custody.
Sd/-
CHIEF POST MASTER”
3. Today this appeal is fixed for final arguments. Learned counsel for appellant during the course of arguments submits that on merit, though the appellant has a good case for his acquittal and the allegation against the appellant is false and has been leveled by the complainant in order to show his efficiency. He further submits that the appellant is in young age and was faced trial for 03 years and now behind the bars for the last 07 months and is only source of earning of his family. Therefore, according to him, he would be satisfied and shall not press instant appeal on merits, if this Court consider the period of his detention already undergone and reduce the sentence along with fine to that extent.
4. Mr. Muhammad Nadeem Khan, learned Assistant Attorney General, appearing for the State, has candidly conceded a proposal on the ground that the appellant is in jail for the last 07 months and he has already returned some of the misappropriated amount to the Government and the appellant has been sufficiently punished.
5. I have heard the learned counsel for parties and have gone through the documents, evidence as well as impugned Judgment.
6. In view of the record, I am of the opinion that the conviction of the appellant is based on cogent reasons. The appellant is first offender. No past criminal history against him is placed on record. As per statement of the appellant, which has been confirmed by learned Assistant Attorney General, that the appellant is in young age and the appellant is in jail for the last 07 months. It is also stated by the counsel for the appellant that the appellant belongs to a very poor family and he is only source of earning of his family; therefore, in the present scenario of the case, he has sufficiently been punished. Moreover, the appellant has faced the trial before the trial Court since 2015. In these circumstances, he needs to be given a chance in his life to rehabilitate himself.
7. Consequently, the conviction is maintained, however, the sentence awarded to the appellant by the trial Court through impugned Judgment is reduced to one, which he has already undergone and fine imposed against him is also remitted.
8. With the above modification in the sentence, this Appeal is dismissed, however, the appellant is behind the bars and is ordered to be released forthwith, if he is not required in any other criminal case.
Judge
asim/pa