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Keywords: Holidays, Evidence, Period, Prosecution, Procedure, Disposal, Maintenance, Union Council, Chairman, Exception, Benefit Of Doubt, Receipt, Investigation, Defence, Responsibility, Commission, Government Treasury, Enquiry Officer, Register, Government, Appeal Against Acquittal Result: Appeal dismissed JUDGMENT S. A. NUSRAT, J.-.This Acquittal Appeal calls-in question the judgement of the learned Special. Judge-cum-Enquiry Officer, dated 17th May, 1975. The brief facts, as are relevant for the disposal of this appeal, are as under :- 2. The respondent. Iqbal Hussain was posted as Secretary ,Town Committee Halla, District Hyderabad, during the year 1963-64. According to the prosecution the respondent came to have domain over Rs. 21, 023. 23 recovered in the account of the Town Committee on account of certain taxes between 10th July, 1973 to 15th June 1974. The said amount was alleged to have been misappropriated by the respon detit and, in the circumstances, he was challaned in. The Court of learned Special Judge-cum-Enquiry Officer and was charged for the commission of offence punishable under section 409, P. P. C. And section 5 (2) of Act 11 of 1947. The defalcations in question were brought to light during the course of audit conducted by P. W. Hyder. The amount of Rs.21,023.23 comprised of 35 items, pertaining to the taxes, permanent advance drawn by the accused, expenditure on petrol and amount drawn for crediting in Government treasury. The prosecution examined as many as 12 witnesses, none of whom were the persons who had paid certain amounts on account of taxes, etc. The accused also examined to witnesses in defence, one of whom was, D. W. Aijaz Hussain, the then Chairman of the Town Committee. The allegation against the accused was that the amount of 31 items was not entered in the Cash Book although relevant entries appeared in the Demand Register. On the assess ment of the evidence the learned Special Judge found that counterfoils in respect of several receipts were missing. The prosecution's own witness Shah Muhammad P. W. 11, who had also acted as Chairman of the Committee, admitted that relevant Account Books were written by the Senior Clerk…

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