Law: Penal Code (XLV of 1860)

Section: 21

Law: Criminal Procedure Code (V of 1898)

Section: 439

(a) Penal Code (XLV of 1860)------   -----S. 21, clause tenth-Municipal employee receiving money relating to "secular common purpose" Public servant.   Crown v. Abdul Rehman P L D 1950 Lah. 361 and Emperor v. Suleman Abba A I R 1935 Bom. 24 ref.   (b) Criminal Procedure Code (V of 1898)-------   -----S. 439-Acquittal, revision against-Petition filed without unnecessary delay-Mere lapse of time since acquittal-No ground for not ordering retrial.   Dates of hearing: 12th and 22nd February 1965.     JUDGMENT   This revision petition by the Municipal Committee, Jalalpur Jattan, is directed against the order, dated the 17th of May 1962, of Mr. Mohabat Khan, Special Judge, Gujrat, who acquitted Fazal Hussain respondent of a charge under section 409, Pakistan Penal Code, read with section 5 (2) of the Prevention of-Corruption Act, 1947.   Fazal Husain respondent was a Treasurer of the Municipal Committee, Jalalpur Jattan, district Gujrat. At the time of his appointment he furnished a bond Exh. P. M. executed by him and his two sureties, Muhammad Alam and Muhammad Husain, to the effect that if Fazal Husain failed to make the deposit of the fortnightly income of the Municipal Committee received by him in the Government Treasury within four days of the receipt of such amount, he and his two sureties would be liable to indemnify the Municipal Committee jointly and severally to the extent of Rs. 8,000. The prosecution case- is that the respondent had misappropriated Rs. 21,671-11-9 as he failed to deposit that amount in the Treasury after receiving it from Muhammad Din, Senior Clerk of the Municipal Committee, and Octroi Inspectors.   After having recorded evidence of some of the witnesses of the prosecution, thelearned Special Judge, without going into the merits of the case, acquitted the respondent on the ground that he was not a public servant and, in any case, since under the bond Exh. P. M. the liability to compensate the Municipal Committee to the extent of Rs. 8.000 had been accepted by the respondent and his two sureties, the liability of the respondent was of a civil nature only and he could not be…