Law:

Section:

Keywords: Prosecutor, Investigation, Leave, Orders, Practice, Copy, Manager, Register, Criminal Breach Of Trust, Sanctions, Order, Public Servant, Electricity Charges, Conviction, Examination, Benefit Of Doubt, Registered, Defence, Inter Alia, Enquiry Officer, Cross-Examination, Period, Contingent, Set Aside, Guilty, Endorsement, Prevention, Custody, Trial Court, Defence Witness, Office, Consideration, Information, Prosecution, Evidence, Government, Fees, WAPDA, Director, Magistrate, Prosecution Witness, Fine, Notice, Money, Copies, Establishment, Payment, Patent, Negligence, Plea, Receipt, Departmental Action, Permission, Chairman, Leave Salary Result: Appeal allowed JUDGMENT The appellant Bahadur Khan, who was a public servant at the relevant time, has been convicted by the learned Special Judge-cum-Enquiry Officer Anti-Corruption, Hyderabad under section 409, P. P. C. Read with section 5(2) of the Prevention of Corruption Act, 1947. He has been sentenced to five yeas' R. I. And to pay a fine of Rs. 50,000 or in default thereof to suffer five years more R. I. The appellant being aggrieved by the above decision of his conviction and sentence has now appealed to this Court. 2. The relevant facts of the prosecution case briefly stated are these. Dr. Irshad Muhammad (P. W. 6) was the Medical Superintendent of the T. B. Sanitorium, Kotri from 15-8-1966 and continued to hold that post up to 25th August, 1969 when he was transferred. During all that period the present appellant Bahadur Khan was the Head Clerk-cum-Cashier in the office of the P. W. Dr. Irshad Mohammad in the Sanitorium. Salahuddin Ahmed (P. W. 2) was one of the Stewards in the T. B. Sani torium. Abdul Majid (D. W. 2) was senior bill clerk in the Sanitorium and Abdullah (D. W. 3) was a peon of M. S P. W. Dr. Irshad Mohammad. On 15-7-1969 Martial Law Inspection Team, Hyderabad headed by Lt.-Col. Agha Zalfiqar A.I Khan, who was the Chairman of this Inspection Team, desired to make a surprise inspection of the Kotri T. B. Sanitorium office as it appears that P. W. Salahuddin Ahmed, the said Steward, had moved applications which he had sent to the Director of Health and also, as it appears, to the Martial…

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