Law:

Section:

Prevention of Corruption Act (II of 1947)--- ---S. 5(2)---Penal Code (XLV of 1860), S.418---Criminal misconduct by public servant, cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect---Allegation against the accused, who was a public servant, was that he conducted a lottery business (committee) and collected money in instalments from investors and later on disappeared from the scene with the invested money---Trial Court convicted the accused under S. 418, P.P.C and under S. 5(2) of Prevention of Corruption Act, 1947---Validity---Section 5(2) of Prevention of Corruption Act, 1947 and S.418, P.P.C were not applicable to the present case as alleged lottery (committee) business did not have any connection with the official duties of the accused, rather same was agreed amongst accused and investors in their private capacity---Two investors, who appeared as prosecution witnesses, stated that they had received their money back---Said witnesses in their cross-examination stated that as part of the committee they had given the money to different people on different occasions but they did not name the accused specifically---One of the said witnesses, was senior to the accused, therefore question of exploitation at the hands of accused did not arise---Prosecution did not come up with solid, cogent and confidence-inspiring evidence---Appeal was allowed, conviction and sentence of accused was set aside and he was acquitted of the charge. JUDGMENT WAQAR AHMAD SETH, J.---The appellant stood trial in case F.I.R. No.2 dated 31-3-2010 registered for offence under sections 418/420, P.P.C. read with section 5(2) PC Act at Police Station ACE, Mardan and after having been found guilty by learned Judge Anti-Corruption (Provincial) Khyber Pakhtunkhwa (Camp at Mardan), he was convicted and sentenced vide judgment dated 8th December, 2011 as under:-- (i) under section 418, P.P.C. to pay a fine Rs.19,500 or in default thereof to undergo three months' S.I. (ii) under section 5(2) PC Act to pay a fine of Rs.500 or in default thereof to undergo one month' S.I. All the sentences were directed to run concurrently. 2. The allegation…

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