Law:

Section:

Penal Code (XLV of 1860)--- ---- S.409 --- Prevention of Corruption Act (II of 1947), S.5(2) --- Appreciation of evidence --- Neither the Doctor who had prepared the list of medicines recovered from the house of accused was examined by the prosecution-,- nor the said list was put to accused in his examination under S.342, Cr.P.C. ---Explanation offered by accused in his statement under S.342, Cr.P.C. in circumstances had to be taken into account according to which he had kept the medicines in his house for safe custody as the Doctor Incharge was not present when he had received the medicines --- Evidence was available on record to show that in the absence of the Doctor Incharge, the Dispenser (accused) was authorised to receive those medicines --- Accused was acquitted in circumstances. Syed Mustafa Shah v. The State 1968 PCr.LJ 358; Khaliq Hussain v. Me Crown PLD 1956 (W.P.) Kar. 212; The State v. Atta Ullah 1990 PCr.LJ 163; Muhammad Uris v. The State 1990 MLD 1583 and Munir Akbar v. The State 1992 MLD 1428 ref. JUDGMENT Through this appeal, the appellant has challenged the judgment dated 11-4-1992 passed by learned Special Judge, Anti-Corruption. Sargodha whereby he was convicted under section 409, P.PJC. read with section 5(2) of Prevention of Corruption Act, 1947 and sentenced him to two years' R.I. and a fine of, Rs.5,000 or in default to undergo one year R.I. He was however, acquitted of the charge under section 468, P.P.C. 2. The prosecution story as given in the F.I.R. Exh.PC is that the residents of Rangpur Baghoor, District Khushab submitted complaint to the Deputy Commissioner/Deputy Director Anti-Corruption, Khushab that Muhammad Ali, appellant who was Dispenser, had misappropriated the Government medicines while working as a Dispenser in Basic Health Unit, Rangpur, District Khushab. Pursuant to the. said complaint, Mr. Muhammad Asif Qureshi, E.A.C., Khushab (P.W.12) was diiected to hold an inquiry and after the receipt of said report, the Deputy Commissioner, Khushab directed registration of a case. 3. After necessary investigation conducted by Mr. Muhammad Sharif, the then C.O./A.C.E., Khushab, challan was submitted in the trial Court. . 4. During…

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