Law:

Section:

Keywords: Consideration, Interpretation, Proceedings, Property, Inadequate Consideration, Criminal Breach Of Trust, Illegal, Guilty, Evidence, Order, Government, Money, Prosecution, Imprisonment, Public Servants, Remuneration, Custody, Acceptance, Fine, Gratification, Petition, Illegal Gratification, Conviction, Time Of Payment, Functions, Prevention, Payment, Public Servant, Survey, Possession, Commission Result: Appeal accepted JUDGMENT This appeal arises from the judgment dated 28-5-74 passed by the Special Judge Anti-Corruption, Lahore, whereby he convicted the appellant under section 409, P. P. C. And under section 5 (2) of the Prevention of Corruption Act 1947, sentenced him to simple imprisonment till the rising of the Court and to pay a fine of Rs. 300 ordering that in default of payment of fine he would undergo R. I. For three months. 2. The facts are that the appellant was sub-head Loco Shed Pakistan Western Railway, Lahore but was working as Secretary in the Saint John Ambulance Brigade in addition to his own duties and used to get for this additional duty Rs. 10 p .m. As honorarium from the Railway. He is alleged to have identifid falsely, James Gill, Fida Hussain, Mohammad Sharif, Ashiq Hussain, Aziz Din, Qamar Din and Qurban A.I at the time of payment of Rs. 6 per head at the rate of Rs. 3 per day as parade allowance. The persons who received the amount were afterwards found to be bogus. Qurban A.I P. W. 1, James Guill P. W. 2, Abdul Hamid Fitter P. W. 3, Azad Hussain P. W. 4 and Ashiq Hussain P. W. 5 supported the prosecution case by stating that they were entitled to get Rs. 6 per head as parade allowance but nothing was paid to them. They disowned their signatures on Exh. P. B. 3. The evidence is not that the amount was received by the appellant. Only this much stands proved from the evidence that he identified bogus 14 persons at the time the amount was paid to the persons appearing before the Disbursing Officer. The possibility, therefore, cannot be excluded that the money was received by the persons who forged signatures. The. Disbur sing Officer who paid the amount was not examined and only he could prove who had received the amount. If the…

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