SUDAN GOVERNMENT vs. BASHEER HAMID

(AC-CP-12-56

Principles

·  criminal Law—Criminal Breach of Trust by Public Servant—section 347 S.P.C.—Headmaster collected school fees from students paying them at later times - Section 344 S.P.C. not  applicable

A public servant acting contrary to regulations in not immediately paying funds received in his official capacity to the Government Chest is guilty of Criminal Breach of Trust and not of. the lesser offence of Criminal Misappropriation.
Reference for confirmation under Section 351 C.C.P. The Accused was Head Master of Berber Government Intermediate School from 1950 to 1954. Part of his duties was to collect school fees from the students and pay them into the Merkaz Treasury. He was collecting the fees from the students, keeping them in his pocket for some time and then paying them into the Treasury after issuing receipts to the boys bearing the date of payment into the Treasury and not date of receipt by him. Early in April 1954 he was suddenly notified of his transfer, and he left the town with the sum of LS. 168.000m/ms in fees which he had already collected from the boys and which he failed to pay into the Treasury. He left two lists showing the details of the above sum and the names of the students who paid them, with a prosecution witness promising him to remit same later and requesting him to pay the amounts into the Treasury whenever he received them. Later during May and at the end of June Accused remitted the amount in two installments to the witness, who paid them into the Treasury on 6.5.54 and 26.6.54 respectively. A Major Courtfound Accused not Guilty of Criminal Breach of Trust but guilty of Criminal Misappropriation.
 

Judgment

Abu Rannat C.J.: Accused was no doubt entrusted with collection of school fees. He was bound to pay them into the Government Chest. He kept the money for some time. This was contrary to directions  of law. In the circumstances he is guilty of Criminal Breach of Trust.

It is therefore directed that the case be sent back for reconsideration of finding. I cannot confirm this finding without breaking an important principle of law.