Law:

Section:

Prevention of Corruption Act (II of 1947)- -- S. 5 (2)-Misappropriation- -Prosecution failing to produce any evidence whatsoever to show receipts being bogus or work not done or amounts not paid to recipients-No evidence available before trial court to come to conclusion that appellant fraudulently misappropri­ated amount-Conviction and sentence set .aside. - JUDGMENT The appellant Allah Yar (aged 30 years), an employee of the Irrigation Department, was convicted under section 5 (2) of the Prevention of Corruption Act, 1947 and sentenced to imprisonment till rising of the Court and also asked to pay a fine of Rs. 1,000 or in default to receive rigorous imprisonment for six months, by a learned Special Judge, Anti-Corruption at Lahore, vide his judgment dated the 1st August, 1978. He has failed an appeal against his conviction and sentence. 2. The appellant was a Fitter in the Tubewell Section, Sub-Division Nankana Sahib, District Sheikhupura. One Muhammad Rafiq was a Foreman while Muhammad )qbal absconder was the Overseer and Muhammad Aslam (P. W. 6) was the Well-borer of the Servicing Gang. On the 21st April, 1974, Muhammad Aslant (P.W. 6) by. application Exh. PM laid information before the Anti-Corruption Department to the effect that the Servicing Gang and the machine parts requiring repairs were transported on official vehicles or the transport provided by the local zamindars but Muhammad Rafiq Foreman and the appellant in collusion with Muhammad Iqbal Overseer used to prepare bogus bills and draw the amount from the Government Treasury, On the basis of the application, formal FIR Exh. PM/1 was registered with Police Station Anti-Corruption, Sheikhupura on the 17th November, 1974 recorded by S. I. Manzoor Hussain Shah (P. W. 7). 3. S. I. Manzoor Hussain Shah (P. W. 7), after obtaining the necessary permission, investigated in case. He took into his possession 52 vouchers along,vith the receipts pastcd on their backs from Muhammad Anwar (P. W. 2), Accounts Clerk. Of those, 3 vouchers Exh. PA/1 and PA/2 were for Rs. 30, 9 vouchers Exhs. PB, PB/1 to PB/8 for Rs. 110, 12 vouchers Exhs. PC, PC/1 to PC/5, PD, PD/1 to PD/5 for Rs. 120, 5 vouchers Exhs. PE, PE/1 to…

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