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The Sentence may be reduced by considering the Petitioner’s Efforts to rectify his actions by depositing the Embezzled Amount and keeping in view his Family’s Precarious Health Circumstances as Factors for Leniency --- Supreme Court of Pakistan

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Islamabad 10-10-2024: The Supreme Court of Pakistan has reduced the sentence of a former employee of the Utility Stores Corporation, Zulfiqar Ali, who was convicted of embezzlement and breach of trust. The Court considered the petitioner’s efforts to rectify his actions by depositing the embezzled amount and highlighted his family’s precarious health circumstances as factors for leniency.

The judgment, delivered by a three-member bench comprising Mr. Justice Jamal Khan Mandokhail, Mr. Justice Musarrat Hilali, and Mr. Justice Malik Shahzad Ahmad Khan, upheld the convictions under Section 409 of the Pakistan Penal Code (PPC) and Section 5(2) of the Prevention of Corruption Act, 1947. However, the Court reduced the sentence of three years imprisonment, imposed by the Trial Court and affirmed by the Peshawar High Court, to the period already undergone by the petitioner.

Zulfiqar Ali, a former employee of the Utility Stores Corporation in Swat, was accused of embezzling PKR 448,604. He was tried by the Anti-Corruption Court (Central) of Khyber Pakhtunkhwa and found guilty of the charges. The Trial Court sentenced him to three years imprisonment and a fine of PKR 250,000 for each offense. The petitioner appealed to the Peshawar High Court, which dismissed his plea and maintained the sentence, leading to the current appeal before the Supreme Court of Pakistan.

The petitioner’s counsel argued that the petitioner had already deposited the embezzled amount into the State exchequer and provided evidence of the same. The counsel further contended that the petitioner’s wife is undergoing dialysis treatment and requires his support. Consequently, the petitioner requested a reduction in the quantum of his sentence.

The Deputy Attorney General and the complainant’s counsel opposed the petitioner’s plea for leniency, asserting that the petitioner had caused a loss to the government exchequer and did not deserve any reduction in punishment.

The Court acknowledged that although the petitioner had not pleaded guilty initially, his admission of guilt was implicit through his deposit of the embezzled amount and subsequent appeal for non-contestation. The Court noted that while the petitioner could not demand a reduction of sentence as a right, his acknowledgment and restitution efforts, combined with the specific family circumstances, justified a more lenient approach.

The Supreme Court of Pakistan ruled that the petitioner’s sentence would be reduced to the period already served. The fines under Section 409, PPC were reduced from PKR 250,000 to PKR 40,000, and those under Section 5(2) of the Prevention of Corruption Act, 1947 were reduced from PKR 250,000 to PKR 10,000. The Court also provided that in default of the reduced fines, the petitioner would serve 15 days and 10 days of simple imprisonment respectively for the two offenses.

This ruling reaffirms the Supreme Court of Pakistan discretionary power to exercise leniency based on the unique facts and circumstances of each case, while still upholding the principles of justice and accountability. The judgment serves as a precedent for future cases involving the restitution of embezzled amounts and special personal circumstances, where a balance between the severity of the crime and the personal situation of the accused is sought.

The petition for leave to appeal was ultimately dismissed, with the Court stating that complete justice had been served by taking into account the specific facts of the case and the petitioner’s efforts to rectify his wrongdoings.