1985 P Cr (PLP)

These two Criminal Appeals No.265/81 by Abdul Rehman and 278/81 by Abdul Aziz appellants arise from the judgment of learned Special Judge Anti‑Corruption. Lahore, whereby he on 6‑5‑1981 convicted them under section 409, P.P.C. read with section 5(2) of the Prevention of Corruption Act, 1947 and sentenced them as under:‑ (1) Abdul Rehman appellant to 2 years' R.I. and a fine of Rs.20,000 in default thereof one year's R.I. (2) Abdul Aziz appellant to one year's R.I. and a fine of Rs.10.000 in default thereof to 6 months' R.I. I propose to dispose of these appeals through single judgment.

2. Abdul Rehman appellant was a Storekeeper in Government Printing Press whereas Abdul Aziz was Security Officer, Government Printing Press. The charge against them was that they in furtherance of their common intention criminally misappropriated 3.448 lbs. of lead metal worth Rs.86,

000. They pleaded not guilty and claimed to be tried.

3. To prove its case prosecution examined 11 witnesses. P.W.I Muhammad Jamil, Electro‑Operator stated that in the year 1976, Abdul Rehman appellant was Storekeeper. He further stated that on the directions of Muhammad Nazir P.W.3, the lead lying in the store under the control of Abdul Rehman was got weighed in the presence of Abdul Rehman. The weight of mounted lead was 16,000 lbs. and of unmounted lead was 11,000 lbs. and that Abdul Rehman prepared report Exh. P.A. The witness identified signatures Exh. P.A./1 on Exh. P.A. and Exh. P.B./1 on Exh. P.B as of Abdul Rehman appellant. Muhammad Siddiq P.W.2 stated that on 13‑3‑1976, Abdul Aziz appellant brought 3,432 lbs. of lead vide invoices Exh. P.D. Forms Press. On this he made entry Exh. P.1/A of 3,442 lbs. at page 669 of register Exh. P.1. The lead was entrusted to Abdul Rehman Storekeeper. The witness also produced register Exh. P.1 before the police. Muhammad Nawaz P.W.3 was Stereo Foreman. He got weight lead lying in the store. He identified signatures Exh. P.A./1 and Exh. P.B/1, on report Exhs. P.A. and P.B. respectively. He further stated that vide issue voucher Exh. P.E, 11.,954 lbs. of lead was received from store. In cross‑examination, he stated that 11,954 lbs. was weight of unmounted lead. Abdul Razzaq P.W.4 was the Care‑taker, Government Printing Press. He stated that Abdul Aziz appellant brought lead at the gate of Government Printing Press. The witness made entry Exh. P.t/C at page 676 of Register Exh. P.t. After making entry thereof, the witness gave invoices to Abdul Aziz for taking the truck on which the lead was loaded in the premises of Government Printing Press for entrusting the same to Abdul Rehman appellant. In cross‑examination he stated that the part 'of the lead was mounted. Abdul Rashid Javaid P.W.5 was Manager of Works. He stated that Malik Muhammad Ashiq vide order Exh. P.B/2 had asked him to verify the shortage disclosed by Abdul Rehman in his report Exh. P.B. whereon he get the lead re‑weighed. Comparative statement Exh. P.G./1 and weight report Exh. P.G. were prepared. He, then, submitted report Exh. P.H. Ashraf Ullah Khan P.W.6 was Section Holder, Government Printing Press. He sent application Exh. P.J. to S.P., Anti‑Corruption for registration of the case. Gate Passes Exhs. P.K. and P.K/1 to 4 were taken into possession vide memo. Exh. P.1., signed by him. Muhammad Nazir Stereo Foreman produced copy of the list of weight of which was taken into possession vide memo. Exh. P.M. signed by him. Riaz Ahmad Khan, Inspector, P.W.7 made preliminary enquiry on application Exh. P.J. sent to the police by Ashraf Ullah Khan, P.W.6. He took into possession documents Exhs. P.G, P.G./1, P.F., P.F/2 to 3, ledger Exh. P.2, Voucher Book Exh. P.3, gate passes Exhs. P.K to P.K/4, register Exh. P.1 and papers Exhs. P.P. to P.P./3. After the completion of the enquiry, he registered case on the basis of application Exh. P.J. In cross‑examination he stated that during the enquiry he did not get lead re‑weighed. He further stated that Abdul Aziz was not found guilty in the enquiry. Muhammad Nazir P.W.8 was a Care‑taker. On 31‑3‑1976, Abdul Aziz appellant brought lead and stereo plates on a truck. The witness made entry thereof at invoices Exh. P.F./3 in register Exh. P.1. Thereafter, the truck was driven into the press premises. In cross‑examination he stated that the lead and plates were partly mounted. He stated that according to the invoices Exh. P.F./3, the entire lead was with wooden planks. Muhammad Bashir Khan P.W.9 stated that on 26‑9‑1976, Abdul Rashid Javaid P.W. got weighed lead lying in stereo section, statement Exh. P. G. was prepared which was signed by him. In cross‑examination, he stated that Abdul Aziz appellant was not present at that time. The witness was declared hostile and cross‑examined. In cross‑examination he admitted his signatures on Exh. P.G. which shows that the lead was actually weighed in the presence of Abdul Aziz appellant. Siddiq Ahmad P.W.10 was a Storekeeper Forms Press, Lahore. Vide invoices Exhs. P.F. P.F/2 and P.F./3, he gave, led mentioned therein to Abdul Aziz who put signatures Exhs. P.F/A, P.F/3‑A and P.F/2‑A in his presence. He further stated that Exhs. P.D. and P.F./A were the copies of invoices Exhs. P.F/2 and P.F. In cross examination, he admitted that per invoices, the lead was partly mounted and partly unmounted and that the weight of wooden planks was not excluded. He further stated that earlier Governor's Inspection Team had got weighed the whole unmounted lead lying in Forms Press which was 13,216 lbs. Muhammad Nawaz, Inspector, P.W. investigated the case.

4. When examined under section 342, Cr.P.C., the appellants denied the incriminating circumstances. In defence they produced 5 witnesses. Malik Muhammad Ashiq D.W.1 was Superintendent, Government Printing Press in the year 1976. He stated that vide order Exh. D. B., he called upon Abdul Aziz appellant to explain shortage in weight of lead to which Abdul Aziz submitted report Exh. D.C. Ashiq Hussain D.W.2 stated that Muhammad Nazir P.W. had sent him to Muhammad Jamil to bring lead from store. They approached Abdul Rehman appellant and got unmounted lead from him. The plates from which the lead was unmounted were lying there. He got unmounted lead weighed and brought the same to Stereo Section. The lead was 11,500 lbs. Subsequently, the same was got reweighed by Abdul Rashid Javed P.W. in Stereo Section. At that time, the lead was unmounted. Munir Hussain D.W.3 stated that he was President of Workers' Union Council. The lead was weighed in Stereo Section in his presence. It was without planks and wood at that time. Muhammad Ali D.W.4 stated that Adbul Aziz used to transport lead on truck from Forms Press to Government Printing Press intact, under Police Guard and that Labour employed by Government Printing Press used to unload the truck. Abdul Ghafoor D.W. 5 stated that in the year 1976 he was Truck Driver in Government Printing Press and that Abdul Aziz appellant used to transport the lead straight to Government Printing Press intact.

5. The learned counsel for the appellants contended that the prosecution has failed to prove its case against the appellants; that Abdul Aziz used to transport the lead stereo plates to the Government Printing Press intact under guard and as such, there was no question of its misappropriation by him; that when Abdul Rehman received lead/ stereo plates, the same were weighed including wooden planks but at the time of reweighment, lead/plates were unmounted. The learned counsel argued that deducting 25% rebate on account of the weight of wooden planks there was no shortage at all. Conversely, the learned counsel for the State supported the judgment of the trial Court.

6. I have considered the arguments advanced by the learned counsel for the parties with care. I find that from the oral as well as documentary evidence produced by the prosecution as detailed above, the offence of criminal misappropriation /criminal breach of trust of 3,448 lbs. of lead p metal stands proved against the appellants. The prosecution witnesses have no enmity against the appellants. They have stood the test of cross‑examination. I do not see any inherent infirmity in their statements. The plea taken by Abdul Rehman appellant that unmounted lead which was entrusted to him was got unmounted before reweighment, appears to be afterthought, inasmuch as, in his reports of shortage Exhs. P.A. and P. B, he did not stated so. Further, the weight statement/ report Exh. P.M. shows that weight of different lot of stereo plates had separately been mentioned. Thus, no room is left for doubt that mounted and unmounted plates were not weighed jointly and that wooden planks were not removed from lead before reweighment. It is worth notice that Exh. P.M. was prepared by D.W.2. The defence evidence in support of an afterthought plea of Abdul Rehman cannot be believed. From the circumstances, it is very much clear that Abdul Aziz was equally responsible for the commission of crime, so much so, he did not care to obtain receipt of lead plates from Abdul Rehman appellant after its transportation from the Forms Press to Government Printing Press. The defence evidence produced by the appellants is not strong enough to rebut the prosecution case and its evidence. For all these reasons, I am convinced that the trial Court has rightly convicted the appellants. The sentence awarded to them is also not excessive.

7. For what has been stated above, the appeals are dismissed. The appellants shall surrender themselves before the trial Court. The trial Court shall also issue warrants from the overt and detention of appellants. M. A. K. Appeal dismissed.