Law: Pakistan Penal Code, 1860

Section: 34,166,167,217,218,400,000

Law: Qanun-e-Shahadat (10 of 1984)

Section: 79,84

Law: Criminal Procedure Code (V of 1898)

Section: 233,249-A,342,367,540-A

Law: Prevention of Corruption Act, 1947

Section: 5(2)

(a) Penal Code (XLV of 1860)--- ----Ss.217, 218, 468, 166, 167, 420 & 34---Prevention of Corruption Act (II of 1947), S. 5(2)---Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture, public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture, forgery for purpose of cheating, public servant disobeying law with intent to cause injury to any person, public servant framing an incorrect document with intent to cause injury, cheating and dishonestly inducing delivery of property, common intention, illegal gratification---Appreciation of evidence---Benefit of doubt---Prosecution case was that the accused purchased the land of co-accused by fraudulent means in connivance with revenue officials---Evidence available on record showed that accused purchased the land in question from co-accused and the same was not directly transferred in his name---No evidence was available to show that accused made any efforts in collision with the revenue officials to get the land in question transferred in his name---Accused was a bona fide purchaser having paid valuable sale consideration for the land---Record showed that no allegation against the co-accused neither in the complaint nor in the FIR had been levelled---No allegation had been levelled against co-accused but he had not been arrayed as accused---However, name of co-accused was mentioned as accused in the delayed final challan, which was not legally justified---Said two accused were private persons, whereas Ss. 217, 218 & 467, P.P.C. and S.5(2) of Prevention of Corruption Act, 1947 were specifically meant for public servants and not private persons---Allegation against the Tapedar/ co-accused was that he had changed the original sketch of demarcation of land of complainant and prepared a fake report in favour of co-accused---Record showed that said site-plan did not bear the signature of said official co-accused, as such there was no evidence/material available with the prosecution to establish the said allegation against the official co-accused---Said site-plan/ sketch produced by witness was not…

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