Allah Rakha vs The State through P.G. Punjab and another
This criminal petition was filed before the Supreme Court of Pakistan by a former Civil Nazir seeking reduction of his sentence following convictions under anti-corruption and penal provisions for misappropriating official funds. The petitioner had been convicted under sections 409, 420, 468, and 471 of the Pakistan Penal Code 1860, as well as section 5(2)C of the Prevention of Corruption Act 1947, receiving a maximum sentence of ten years' rigorous imprisonment under section 409 alongside coordinate five-year sentences. The High Court maintained the conviction and sentences. Counsel for the petitioner limited the challenge to requesting a reduction of the ten-year sentence under section 409 to five years to match the coordinate charges. The Supreme Court observed that the petitioner had made partial restitution, had suffered dismissal from service, experienced prolonged proceedings since 2015, and faced severe stigma. Consequently, the Supreme Court held that reducing the sentence under section 409 to five years' rigorous imprisonment, running concurrently with coordinate charges and with benefit of pre-trial custody, was conscionable and appropriate.
- Whether the maximum sentence of imprisonment under Section 409 of the Pakistan Penal Code 1860 can be reduced to match the quantum of sentences awarded on coordinate charges?
- Whether factors such as partial restitution of misappropriated funds, dismissal from service, and prolonged trial constitute valid mitigating circumstances for sentence reduction?
- Can the Supreme Court reduce a substantive sentence of imprisonment while dismissing a criminal petition against conviction?
- Section 409, Pakistan Penal Code 1860
- Section 420, Pakistan Penal Code 1860
- Section 468, Pakistan Penal Code 1860
- Section 471, Pakistan Penal Code 1860
- Section 5(2)C, Prevention of Corruption Act 1947
- Section 382-B, Code of Criminal Procedure 1898
ORDER
QAZI MUHAMMAD AMIN AHMED, J.---Petitioner was detached as Civil Nazir with the learned Senior Civil Judge Sialkot; during routine audit, he was found to have misappropriated various amounts deposited under different heads, calculated as Rs.36,00,000/; confronted with his misconduct, he deposited back a sum of Rs.7,00,000/-, with undertaking to clear the remainder of liability, a commitment that remained unfulfilled. After preliminary inquiry, he was sent to face trial before the learned Special Judge Anti-Corruption (Provincial)
Gujranwala; vide judgment dated 16.5.2018, he was returned a guilty verdict, in consequence whereof, he was convicted and sentenced as below:- "Under section 409, P.P.C., 10-years' RI with fine of Rs.5,00,000/- Under section 420, P.P.C., 5-years' RI with fine of Rs.5,00,000/- Under section 468, P.P.C., 5-years' RI with fine of Rs.5,00,000/- Under section 471, P.P.C., 5-years' RI with fine of Rs.5,00,000/- Under section 5(2)C, P.C.A., 5-years' RI with fine of Rs.5,00,000/- In case of default of payment of fine, he shall further undergo six months' SI for each offence; sentences shall run concurrently with benefit of section 382-B, Cr.P.C.."
Petitioner's appeal met with no better fate in the High Court vide impugned judgment dated 18.11.2019, vires whereof, have been assailed on a variety of grounds, however, upon reconsideration, the learned counsel has prayed for reduction of sentence recorded under section 409 of the Pakistan Penal Code, 1860 from ten years to five years, a quantum equivalent to coordinate charges.
2. We have thoughtfully considered the alternate submission. The petitioner has been facing the consequences of his misconduct since the year 2015; he deposited back a sum of Rs.700,000/- and failed to clear the remainder liability on account of his obvious financial incapacity; he has been dismissed from the service. The learned trial Judge considered a period of five years as appropriate sentence on coordinate charges, however, awarded maximum sentence provided for an offence under section 409 of the Code ibid. Although the petitioner being a part of system of administration of justice was certainly under a heavier onus to maintain highest standard of integrity and rectitude, nonetheless, his indiscretion has not brought him anything other than an abiding stigma and loss of post retirement comforts, therefore, in the above backdrop, reduction of sentence recorded on the said count to five years' RI would be a wage, conscionable in circumstances. The petition is dismissed, however, the sentence is accordingly reduced to run concurrently with coordinate charges, pre-trial period inclusive.