Law: Criminal Procedure Code (V of 1898)

Section: 342

Law: Penal Code (XLV of 1860)

Section: 409

Law: Prevention of Corruption Act (II of 1947)

Section: 5(2)

(a) Criminal Procedure Code (V of 1898) S.342-Evidence, appreciation of-Mere statement of accused person under S 342, Cr. P. C. involving his co-accused in commission of offence-Cannot constitute basis of a criminal charge against co-accused unless corroborated by other evidence of reliable nature-Accused involved by their co-accused and no other evidence to directly involve them in commission of offence forthcoming-Case against accused, held, not proved beyond reasonable doubt- Conviction and sentence set aside in circumstances. Penal Code (XLV of 1860) S. 409 and Prevention of Corruption Act (II of 1947), S. 5(2)--Appeal (criminal)--Evidence, appreciation of-Accused directly accountable for misappropriated amount, charged for same, admitting its misappropriation but explaining that amount was paid to co-accused under pressure as commission Explanation offered by accused, held, a mere attempt to shift responsibility of misappropriation of funds to their co-accused in order to save their skin--Conviction maintained, in circumstances. Date of hearing: 6th June, 1981.                                                                                                                    JUDGMENT Accused Muhammad Amin, Nisar Ahmad Khan, Khan Muhammad and Arbab Mehboob Ali Khan were charged under section 409, P. P. C. read with section 5(2), Prevention of Corruption Act, 1947 for having mis appropriated the Government money to the tune of Rs. 10,117 is connivance with each other. The learned Special Judge, Anti-Corruption, Peshawar who tried the accused found them guilty of the offence, accordingly convicted them under the said sections and sentenced each one of them to three months' R. I. and a fine of Its. 1,500, or in default further three months R. I., vide his judgment dated 20-4-81. They felt aggrieved of their conviction and sentence and hence accused Muhammad Amin and Nisar…