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ALI RAZA vs State S — 2022 SCMR 1223 SUPREME-COURT

Case information

Citation
2022 SCMR 1223 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
SCMR
Parties
ALI RAZA vs State S
Subject matter
Criminal
Provisions referred to
S. 497; S. 406---C; Penal Code (XLV of 1860)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ALI RAZA VS State S. 497(2)---Penal Code (XLV of 1860), S. 406---Constitution of Pakistan, Art. 185(3)---Criminal breach of trust---Bail, grant of---Further inquiry---Pre-requisites for attracting section 406, P.P.C. absent---Complainant had given his vehicle to the co-accused, who operated a car showroom and rent a car business---Co-accused alleged that the vehicle in question was given to the accused, who misappropriated the same and never returned it----Only material against the accused was the statement of the co-accused which was per se not admissible in evidence---To attract the provisions of section 406, P.P.C., it was necessary to fulfil basic requirements of 'entrustment' and 'misappropriation with 'mens rea'---Both said ingredients of section 406, P.P.C. were totally absent in the present case---Hence, there was no independent evidence or material against the accused which would directly involve him in the offence under section 406, P.P.C.---Further, no recovery had been made from him and the question of his guilt or innocence was a matter which required further inquiry at trial stage---Offence alleged also did not fall within the prohibitory clause of section 497, Cr.P.C.---Petition for leave to appeal was converted into an appeal and allowed, and accused was admitted to bail. Head NotesCase Description

Other judgments reported in 2022 SCMR

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