Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 419/420/468/471/109---Prevention of Corruption Act (II of 1947), S.5(2)---Criminal Procedure Code (V of 1898), Ss.417(2-A) 249-A--¬ Appeal against acquittal---Impugned of acquittal was balanced and well-reasoned---Trial Court after considering the matter from all angles had rightly arrived at the conclusion that no tangible evidence was available to believe that the mutations in question were attested through deceitful and fraudulent means---Mere allegation that wrong mutations were attested by the Revenue Officer did not attract the penalty of Ss.161/419/420/468, P.P.C. read with S.5(2) of the Prevention of Corruption Act, 1947 and such official could not be considered to be guilty of misdemeanour as public servant---Formalities of S.249-A, Cr.P.C. had been complied with and no prejudice had been caused to the complainant---Application under S.249-A, Cr.P.C. could be filed at any stage of the proceedings---Mere fact that Trial Court had acquitted the accused after framing the charge and examining one witness, by itself, did not constitute a valid ground to render the impugned invalid--Appeal against acquittal of accused was dismissed in limine in circumstances. Sardar Nasir Aslam Khan for Appellants. Nemo for Respondents. Date of hearing: 21st September, 2001. JUDGMENT The present appeal under section 417(2-A) of the Criminal Procedure Code (Act V of 1898) is directed against an order, dated 13-6-2001 passed by Special Judge, Anti Corruption (Provincial) N.-W.F.P., Peshawar whereby respondents Nos.1 to 5 charged under sections 419/420/468/471/109, P.P.C. read with section 5(2), Prevention of Corruption Act were acquitted under section 249-A, Cr.P.C. 2. Briefly stated the facts leading to the filing of this appeal are that Mst. Habib Ji daughter of Allah Dad Khan resident of village Kakul District Abbottabad owned considerable landed property around 170 Kanals of land in the vicinity of village Kakul. As she was unmarried, she used to reside with her brother Adam Khan. After the demise of Adam Khan, Mst. Habib Ji and Mst. Bibi Jan widow of Adam Khan shifted to the house of Ansar Khan, brother of Mst. Bibi Jan. During her stay…

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