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1976 SCMR 321

ABDUL QAYYAM vs THE STATE AND ANOTHER

Citation1976 SCMR 321
CourtSupreme Court of Pakistan
Case No.Criminal Revision No. l24 of 1975 Appeal No. 103-R of 1975
Date1975-12-22
Judge(s)Salahuddin Ahmad, Muhammad Gul
ResultPetition dismissed

ORDER

1. SALAHUDDIN AHMED, J. --The petitioner has been aggrieved by an order of a learned Single Judge of the Peshawar High Court dismissing the petitioner's revision petition and maintaining his conviction and sentence of 3 months' rigorous imprisonment under section 406 of the Pakistan Penal Code.

2. The trying Magistrate, the learned Sessions Judge and the learned Judge of the High Court, they all found that there was evidence in support of the petitioner's conviction.

3. The entrustment of the ornaments was proved and it has not been disputed before us. It has also been proved that the petitioner refused to pay their price or return the ornaments. In these circumstances there is no substance in the contention that there was no misappropriation.

4. The petitioner next sought to question the territorial jurisdiction, of the Magistrate to try the, case.

5. No objection to jurisdiction having been taken at any previous stage of the case we do not permit him to raise the question before us for the first time.

6. The petition is accordingly dismissed.

Cited by 1 case

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