Law:

Section:

(a) Penal Code (XLV of 1860)-----S.409---Prevention of Corruption Act (11 of 1947), S.5(2)---Constitution of Pakistan (1973), Art.185(3)---Allegation of misappropriation of fare by accused--­Leave to appeal was granted to consider whether there was any evidence of actual entrustment of money realised as fare to the accused. (b) Penal Code (XLV of 1860)-- ---S.409---Prevention of Corruption Act (11 of 1947), S.5(2)---Misappropriation of fare---Whole prosecution evidence was based on hearsay---None of the passengers was produced at the trial---Accused while denying charge deposed that in fact tickets were distributed by helper and money was also received by him---Prosecution witnesses admitting presence of helper with tickets in his hand---Such helper was not produced as prosecution witness---Held, case made out against accused was not free from doubt---Accused acquitted in circumstances. JUDGMENT ALI HUSSAIN QAZILBASH, J.--This appeal by leave arises from the judgment of a learned Single Judge of the Lahore High Court, Rawalpindi Bench, dated 30-1-1989. 2. The appellant was serving as a conductor in Government Transport Service, Rawalpindi. On 5-9-1985 he was travelling as a conductor in bus No. L.H. 6590 (G.T.S.) from Lahore to Rawalpindi. It was alleged that during the journey he collected fare from three passengers who boarded the bus at Gujrat for Rawalpindi but did not issue tickets to them and thus by abusing his official position misappropriated a sum of Rs.36.75. He also allegedly issued 28 tickets to the passengers on receiving a sum of Rs.428 from them but on the duplicates he had shown to have received Rs.77 only and thus misappropriated the sum of Rs.351. The alleged criminal breach of trust was detected by a raiding party consisting of Nazir Shah and Nowsherwan, Ticket Examiners, who checked the aforesaid bus at Gujar Khan at 3-30 p.m. 3. The matter was reported by Nazir Hussain Shah and an F.I.R. Ex. PW1/D was drawn against the appellant. Nazir Hussain Shah also took into possession R.P.T. books Exs. PWl/F and PWl/G and TT 2 Exs. P.Wl/H1 to H 3. After the completion of the investigation, the appellant was tried by the Special Judge Anti-Corruption,…

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