Dost Muhammad Khan, J.--This single judgment shall also decide Criminal Appeal No. 154/2012 because both have arisen out of the same judgment in the same case and because in both we have to consider the appropriate quantum of sentence to be awarded because of the leave granting order.
2. The brief but relevant facts of the case are that Khuda Bakhsh was the Collecting Officer of the Market Committee of collecting fee on agricultural produce in the relevant period while Sohrab Khan Marri was is supervisory officer and under the law, he was responsible for all the official acts of the other appellant namely, Khuda Bakhsh.
3.During the relevant period, Khuda Bakhsh used to collect money in the shape of market committee fee on agricultural produce however, he used to deposit less amount than the collected amount. In this way he misappropriated an amount of Rs. 4.2 million with the collaboration and in connivance of Sohrab Khan Marri, appellant in Criminal Appeal No. 153/2012.
4.In the meetings of the market committee, the irregularities were detected and discussed and when the fraud/misappropriation was unearthed, inquiry was held and it was found that an amount of Rs. 4.2 million was misappropriated by both the appellants due to short deposit in the bank account of Dera Murad Jamali. Even in the departmental proceedings, the same view was taken by the competent authorities. After considerable correspondence made with the two appellants, they were reluctant to repay the public money or to deposit in the public account as the actual amount collected was 1 crore 92 lacs while the amount deposited in the public account was 1 crore 50 lacs which was admitted by the appellant of this appeal and equally by the appellant of the connected Appeal No. 154/2012.
5.After holding investigation, charge sheet was filed in the trial Court, where, all the material witnesses were produced by the prosecution and the charge was established against both the appellants. They both appeared as their own witnesses in defence in view of the provision of Section 340(2), Cr.P.C. The statements they have given would suggest that they were fully aware of the actual amount defalcated.
6.Learned trial Court/Accountability Court No. 2 Quetta, at the conclusion of trial found both the appellants guilty and they were sentenced each to 5 years R.I. with a fine of Rs. 2.1 million each or in default thereof to suffer 2 years S.I. Their appeals also failed before the Balochistan High Court at Quetta as both their appeals were dismissed.
7.On 20.03.2012 their leave Petitions No. 1-Q and 2-Q were allowed but to the extent of quantum of sentence only and they have filed these appeals with the leave of the Court on that point alone.
8.We have heard the learned ASCs for the appellants and Special Prosecutor, NAB and have gone through the entire record.
9. Not because both the trial Court and the Appellant Court have recorded concurrent findings about the guilt of both the appellants in a conclusive manner based on fair and proper appraisal of evidence and this was the reason that at time of granting leave to appeal to the petitioner by this Court, the conviction of the appellants was not challenged but request was made to grant leave to consider the reduction of sentence.
10.They were held liable for crime under Section 9 A(iii)(iv) and were sentenced under Section 10 of the National Accountability Ordinance, 1999 for the reason that this law has been given retrospective effect.
11.We have considered the role played by both the appellants in digesting the public money through misappropriation and that too openly, having little regard for the law and the trust reposed in them because probably they were at the extreme outskirts of the country and were under the misconception that they will not be detected.
12. The Courts in the past, have extended lenient treatment to the accused involved in such crimes but now, when corruption is cutting the very root of the economy of the country at a large scale in a very organized manner and it has become free for all then, it has become the primary and foremost obligation of the Court to arrest this evil monster which would ultimately be a threat not to latter alone but to the very survival of the State. Due to massive corruption the poor among poorer are not getting even safe drinking water and other facilities to live a honourable life as envisaged by the provisions of the Constitution. Majority of the children in millions could not go to school as their parents cannot afford the education expenses, same is the problem in the health care sector for the poor and other departments. This homeland was not gifted to us but millions of lives were sacrificed in achieving independence for a better and honourable life style and to become a welfare state where every citizen whether belongs to majority or minority would be entitled to equal rights as laid down in part 1 of Chapter 1 of the Constitution of Pakistan, 1973.
However the nation is still dreaming this dream which is yet to be given practical shape. If massive corruption is allowed to go unchecked, we would, remain unable to drop from our hands the begging bowls. In view of the globalization of the world, the independence of a country/State is mainly dependent on sound economy therefore, in the larger interest of the State and the nation, the Courts have to apply strict standards and to show a zero tolerance for corruption and people involved in such type of crimes whose guilt is well established should get the maximum and no mercy to be shown to them.
13. As in this case the guilt of both the appellants is well established and because they have defalcated and digested public money of a huge amount of Rs. 4.2 million .at the time when the Dollar rate or foreign curreny vis-a-vis the local currency was much on the lower side.
14.Accordingly, we see no reason much less good enough to reduce the sentence of the appellants in any manner therefore, both the appeals are dismissed and the sentence awarded to both the appellants along with a fine amount are maintained.
15.We are informed that he High Court has granted them bail by suspending their sentences after deciding their appeal therefore, they shall be taken into custody to serve out the remaining sentence and for the recovery of the fine amount imposed upon them. Copy of this judgment be sent to all concerned including Registrars of High Courts, Provincial and Federal Anti-Corruption Judges, Chairman NAB, DG FIA, and all DGs/Directors Anti-Corruption.