GHULAM ALI vs THE STATE And Another
This criminal petition for leave to appeal arose from the conviction of the petitioner, a public servant, under Section 420 of the Pakistan Penal Code 1860, for cheating the complainant. The trial court had sentenced the petitioner to three years of rigorous imprisonment and a fine, which was upheld by the Lahore High Court. During the pendency of the petition before the Supreme Court, the parties reached a compromise, and the complainant affirmed that his grievances were redressed. The core legal question was whether an offence involving a public servant who defrauded a complainant could be compounded based on a private settlement. The Supreme Court held that while the complainant had been compensated, the court was not inclined to compound the offence due to the petitioner's status as a public servant. However, considering the restitution made to the complainant, the Court exercised its discretion to convert the petition into an appeal and reduced the sentence to the period already undergone, while also significantly reducing the fine. The judgment reinforces the principle that public interest and the nature of the offence committed by a public servant may preclude the compounding of criminal charges, even where a private compromise has been reached.
- Can an offence committed by a public servant involving fraud be compounded solely on the basis of a private compromise with the complainant?
- Does the Supreme Court have the discretion to reduce a sentence to the period already undergone despite the nature of the offence?
- Is a compromise between parties sufficient grounds to set aside a conviction for an offence under Section 420 of the Pakistan Penal Code 1860?
- Section 420, Pakistan Penal Code 1860
- Section 409, Pakistan Penal Code 1860
- Section 165, Pakistan Penal Code 1860
ORDER
MANZOOR HUSSAIN SIAL, J.---Ghulam Ali, the petitioner, and one Ahmad Khan were tried by Special Judge, Anti-Corruption, Sargodha, on the charges under section 420/409/165, P.P.C.
Ghulam Ali was found guilty on 12-5-1991, by the trial Court for an offence under section 420, P. P. C.
He was convicted and sentenced to suffer R.I. For 3 years with a fine of Rs,10,000 in default whereof to undergo R.I. For 6 months. He preferred appeal against the order of this conviction which was dismissed on 24-10-1993, by a learned Single Judge in the Lahore High Court.
2. Aggrieved by the aforementioned orders he filed Criminal Petition No,504-L of 1993, seeking leave to appeal from the aforesaid order of the High Court.
3. During the pendency of this petition an application, enclosed therewith an affidavit of Haji Abdullah complainant was moved testifying the fact that the matter has been compromised between the parties and seeking permission of the Court to compound the offence. This petition came up for hearing, before this Court on 22-12-1993 and an order was passed to the following effect;- "Learned counsel states that the parties have compromised the matter out of the Court. The person cheated is not present. Let him be summoned. The petition shall be listed for hearing after service of notice. "
4. The complainant is present and affirms that he had received the amount from Ghulam Ali convict and his grievance stands redressed. ,
5. We have, however, noticed that Ghulam Ali being a public servant had decietfully obtained Rs.1,13,000 from the complainant and thereby defrauded him. We ate, therefore, not inclined to compound the offence committed by him being a' public servant. Nevertheless in view of the statement made by the complainant that he has compromised the matter and had received the entire amount from the convict, we convert this petition into appeal and reduce the sentence imposed upon the petitioner to that already undergone by him and also reduce the amount of fine from 10,000 to Rs.200. The appeal in terms indicated above is disposed of.
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