Law:

Section:

Prevention of Corruption Act (II of 1947)--- ----S. 5 (2)---Penal Code (XLV of 1860), S.409---Criminal breach of trust and misconduct---Appreciation of evidence---Misuse of official power---Entering of wrong mutations---Accused was Patwari (revenue official) consolidation who entered disputed mutations without any authority, despite restriction imposed by Consolidation authorities---Trial Court convicted the accused and sentenced to imprisonment for two years---Validity---Accused misused his official powers by entering disputed mutations despite he was not competent to enter any mutation after 23-1-2002, till finalization of the operation i.e. 30-6-2005 as per letter addressed by Consolidation authorities---Series of mutations were entered by accused and on so many mutations, no date had been mentioned there and the same were also without signatures of competent authority---Such act of accused was very crucial and beyond his official powers which caused loss to government treasury---Accused also admitted allegation while recording his first version before investigating officer to the effect that he on the asking of co-accused since declared proclaimed offender entered mutations after mutation of Ishtarak on assurance of Consolidation Officer but he rejected the same to legalize mutations registered afterward---Accused failed to point out any misreading or non-reading of evidence---High Court declined to interfere in conviction and sentence awarded to accused as passed by Trial Court was based on proper appraisal of proof---Findings of Trial Court were fully supported by evidence on record---Appeal was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: ASLAM JAVED MINHAS, JUSTICE:----------- The appellant, namely Abdur Rab was tried by the learned Special Judge Anti-Corruption Dera Ghazi Khan Camp at Muzaffargarh, in case FIR No.13 dated 09.04.2004 under sections 161, 409, 467, 468, 471, P.P.C. and 5(2)47 PCA at Police Station ACE Rajanpur and vide judgment dated 30.06.2009, he was convicted and sentenced under section 409, P.P.C. to imprisonment for two years with fine of Rs.20,000/-. He was also convicted under section 5(2)47, PCA and sentenced to two…

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