Law:

Section:

Keywords: Fine, Prosecution, Government Treasury, Examination, Appointing Authority, Evidence, Land, Government, Custody, Resemblance, High Court, Collection Of Land Revenue, Trial Court, Notices, Investigation, Civil Court, Dispute, Land Revenue, Orders, Notice, Offences, Copy, Order, Benefit Of Doubt, Show-Cause Notice, Receipt, Guilty, Injunction, Registered, Conviction, Defence, Prevention, Money, Criminal Breach Of Trust, Endorsement, Defence Witness, Prosecutor, Payment, Imprisonment, Set Aside, Penalty, Practice, Deposits, Consideration Result: Appeal accepted JUDGMENT On the conclusion of the hearing of this appeal, by a short order this appeal was allowed and the conviction and sentence recorded against the appellant was set aside and I now proceed to record my reasons for the same. 2. The appellant Hamza Ally was tried on a charge under section 409, P. P. C. Read with section 5 (2) of the Prevention of Corruption Act 1947, before the Special Judge-cum-Inquiry Officer, Anti-Corruption. Sukkur, who by his judgment dated 13-1-1971 found him guilty of the said offences and sentenced him to rigorous imprisonment for 2 years and to pay fine of Rs. 15,374.32 (in default rigorous imprisonment for two years). The appellant has filed an appeal through Mr. Azizullah Shaikh Advocate who has appeared for him and at the time of hearing the State was represented before me by Mr. Hassan Inamullah. 3. In ]966-67 the appellant was a tapedar of Tapo Wagan within Warah Tahsil, Larkana District. In such capacity the appellant was issued receipt books bearing Nos. 1248 and 1286 for collection of land revenue from the Zamindars within Wagan Tapo. Each one of these receipt books contained 100 receipts and as per practice a copy of the receipt is to be given, to the person paying assessment and after collection of Land revenue the appellant had to make a return in regard to the collection and such return is called the Rozenamcha. The appellant was transferred from Tapo Wagon on or about 10th of April 1967 and on his transfer he did not submit the accounts of the collections so that the Mukhtiar kar A.I Raza Shah asked the Supervising Tapedar Baduruddin to check the record of…

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