Same act or omission constitutes offence under Section 409, 467, 468, 471 P.P.C.

Thus, question arises in this case for consideration as to whether same act or omission constitutes offence under Section 409, 467, 468, 471 P.P.C. as well as under Section 5(2) of the Prevention of Corruption Act, 1947. Section 409 P.P.C. runs as follows: "S.409 Criminal breach of trust by public servant, or by banker, merchant or agent-Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine."

Part Of Judgment
Lahore High Court
Crl. Appeal
2511772.185-17
2020 LHC 591