1993 P Cr (PLP)

This criminal appeal assails the impugned judgment, dated 30-9-1989 passed by Mr. Munir Ahmad Sheikh, Special Judge, Anti-Corruption, Punjab, Lahore, who had convicted and sentenced the appellant under section 5(c), Prevention of Corruption Act, 1947 to undergo 2 years' R.I. and a fine of Rs.20,000 or in case of default in its payment of fine, to suffer further R.I. for six months. Further share of the appellant, his wife and children mentioned in Mutations Exhs.P.J., P.B., P.I., P.K., P.P. Plot No.321 Hunza Block, Allama Iqbal Town, Lahore, with its building, Mutation Exhs.P.W.5/1, 5/2 and Exh.P.L. stood forfeited to the Provincial Government.

2. Briefly the prosecution case is that one Qamar-ud-Din (not produced) made a complaint Exh.P.W.7/1 to the Director, Anti-Corruption, Punjab, Lahore that he wanted to bring certain instances to the notice of Director, Anti-Corruption, i.e. (1) that the complainant's brother Nemat Khan (not produced) submitted an application for admission in Dispenser Class in the College of Community Science and had deposited Rs.25, but no receipt was issued; (2) during the admission process Muhammad Iqbal, appellant who was PA. of Dr. Nazir Ahmad Naroo, College Principal, summoned many tunes and had been promising the admission and also asked for waiting, and many a time the appellant gave time after office hours and on one evening demanded Rs.6,000 which the complainant was not in a position to pay the same and due to that the brother of the complainant could not get admission. The brother of the complainant had passed in First Division and the complainant had come to know that some persons who obtained less marks, had got admission. During admission it was found that the appellant was a trusted person of the Principal and the complainant became aware that in collusion with the Principal the appellant had purchased agricultural land and Haveli in village Bahadur Shah, District Jhang in the name of his children and had also purchased a tractor for Rs.85,000 and its delivery was made at Multan. The appellant had also constructed two bungalows in Allama Iqbal Town, Lahore. One of those was under construction and in collaboration with the College Principal had rented out the same. An unknown person usually met the appellant in the college, who was also in search of the diploma and one of the persons had obtained the diploma of Laboratory Technician from the appellant, who was working in Far East and the said person had informed that the appellant had got issued a forged certificate. The complainant had also met many other persons and found one person sitting many a time with the appellant in his office and used to talk secretly. The said person is also a storekeeper. The appellant if wanted some body's work to be done, he used to get it done by the Principal and in the presence of the complainant once the Principal had asked the appellant to accompany him in his car and he shall be dropped at Wahdat Colony but the appellant declined. He had often seen the appellant going on State vehicle. During the admissions the complainant had noticed that Rs.300 were charged from each student, but the receipt was issued of Rs.200 and a Katcha receipt was issued for Rs.100. The medicines were also misappropriated which were delivered in the clininc of the College Doctor. Hence this case.

3. The case was investigated and allegations were found against 14 other persons including the Principal, other Doctors and employees of the Community Science College, and brothers and sisters of the, appellant and the appellant, but all of them were acquitted. Judicial action was approved against all these persons. The appellant was charged under section 5(c) of the Prevention of Corruption Act, 1947, to which he denied and claimed trial.

4. The prosecution produced 7 P.Ws. in all to substantiate its case. P.W.1 Karam Ali was declared hostile and was cross-examined by the prosecution. P.W.2 Ahmad Khan stated that he knew the appellant who was resident of village Jherki and was known as "Chogatta". His father was engaged in barber profession and had no land is in his name. His brothers had about 3 squares of land for the last 20 years. The appellant was in service for the last about 15/20 years. P.W.2 Ahmad Khan could not say that the appellant had acquired any property after joining service. P.W.3 Haq Nawaz, Revenue Patwari stated that he was Revenue Patwari of village Kharkan since 1984 and had joined the investigation of the case. He produced attested copies of Mutations Exhs.PA. to P.M. before the Investigating Officer, who had secured the same. He had brought the original register of mutations and the appellant was the person recorded in the said mutations. Aziz Fatima was his wife. P.W.4 Shamim Raza Zaidi, stated that in 1984 he worked as S.D.O./Technical Officer, Anti Corruption Establishment, Lahore, and on 12-11-1984 he alongwith Muhammad Amjad Abbasi prepared and signed report Exh.P.W.4/1 regarding assessment of price of house situated on Plot No.321, Hunza Block, Allama Iqbal Town, Lahore, which was in the name of the appellant. The report was on the basis of the inspection carried out by P.W.4. Exh.P.W.4/2 is an annexure to his report which contained full details of construction etc. and the value of the construction excluding plot was assessed by them as Rs.3,10,844 in the year 1984. P.W.5 Ahmad Hassan Patwari had produced record of mutations of Mauza Jherki, produced attested copy of Mutation No.411, attested copy of which is Exh.P.W.5/1 and also produced attested copies of Mutations Nos.433 and 439 as Exhs.P.W.5/2 and P.W.5/3. P.W.6 Khalid Javed, Record Keeper, L.DA. produced record of Plot No.321, Hunza Block, Allama Iqbal Town, Lahore, which was in the name of Mst. Aziz Begum wife of the appellant, who had purchased the said plot measuring 18 Marlas from the previous owner for a consideration of Rs.4,500 through sale (copy Exh.P.W.6/1) which was on the record. The sale took place in 1974. The wife of the appellant was given exemption and she was granted title of 10 Marlas developed plot bearing the said number. P.W.7 Muhammad Khan, D.S.P., Investigating Officer stated that on 1-2-1984 while working as Assistant Director, A.C.E. Lahore he registered the present case on receipt of complaint. Copies of complaint and of the F.I.R. were Exhs. P.W.7/1 and P.W.7/2. The fact regarding properties of the appellant came to his knowledge during inquiry, and after obtaining sanction for prosecution Exh.P.W.7/3 he challaned the appellant.

5. The appellant when examined under section 342, Cr.P.C. denied the prosecution evidence against him and had given lengthy answers to the questions. In answer to the question "why this case against you and why the P.Ws. deposed against you", he replied:-- "It is a false case. The property purchased by me was from the sources of land purchased by my father in my name and thereafter the remaining property was purchased out of the income of the said land. No corrupt means were used to purchase the said land." The appellant produced D.W.1 Ahmad Yar Khan, his brother, who had stated that the property was purchased by him in partnership with the appellant and his other real brothers. The allegations against the appellant were false and the appellant had purchased share of land with legally earned and saved money. The appellant also made a detailed statement on oath under section 340(2), Cr.P.C. stating that the property whatever he had acquired was acquired through lawful means and he had been falsely involved in the present case.

6. I have heard the learned counsel for the appellant and the learned State counsel and have perused the record. The appellant alongwith the Principal, other Doctors-employees of the Community Science College, Lahore, his brother and sister were also proceeded against in other cases, but were acquitted by the learned Special Judge. In the instant case, Qamar-ud -Din who had made complaint Exh.P.W.7/1 and his brother Nemat Khan who had submitted an application for admission in Dispenser Class in the College, were not produced by the prosecution.

7. The prosecution had produced 7 P.Ws. in all to substantiate its case. The allegations against the appellant were that he had acquired the properties by improper means. P.W.1 Karam Ali was declared hostile. P.W.2 Ahmad Khan, a co-villager of the appellant had stated that the father of the appellant was a barber by profession, but he also cultivated some Government land. P.W.3 Haq Nawaz Patwari had produced mutations which disclosed that the appellant was named therein alongwith Mst. Aziz Fatima, his wife as the owner of the land. P.W.4 Shamim Raza Zaidi had made the assessment of the price of house situated on Plot No.321, Hunza Block, Allama Iqbal Town, Lahore after its inspection. P.W.5 Ahmad Hassan Patwari had produced copy of the mutation of the lands in the names of the brothers and sisters of the accused/ appellant, which were pre-empted by the pre-emptors and their claims were decreed against the appellant and his said relatives. P.W.6 Khalid Javaid had produced sale-deed, whereby the wife of the appellant had purchased a plot measuring 18 Marlas for Rs.4,500 in the year 1974 and in lieu thereof Plot No.321 was given to her. P.W.7 Muhammad Khan, D.S.P./Investigating Officer investigated the case and challaned the accused/appellant. It is pertinent to mention here that P.W.2 has stated that the father of the appellant being barber also cultivated some Government land. The appellant had raised the plea that whatever property was in his name, or in the name of his wife or children had been purchased by his own savings and income of his father, from the cultivation of the Government land. Moreover the appellant had also acquired on lease certain land and from the income thereof he had purchased the property. It is on record that the appellant was employed in 1959 and his monthly salary was Rs.100, which had arisen to Rs.2,000 per month in the year 1989. The appellant is a villager. It is also the desire of every villager to acquire more and more land and by saving money one becomes a miser even in his daily spending. No doubt the appellant had purchased 18 Marlas of plot for Rs.4,500 in the year 1974 and in lieu thereof a Plot No.321, in Hunza Block, Allama Iqbal Town, Lahore was given to his wife. The prices of the real estate had gone up and had crossed every limit. The appellant stated that he had sold one plot of 10 Marlas in Allama Iqbal Town, which he was given in lieu of his land purchased by him earlier, and naturally the price of the said plot in the open market was exorbitant. The appellant though started his career with meagre income which was later on increased with the passage of time. The father of the appellant also cultivated the Government land for years and he must have also earned and saved lot of money. The appellant had put a number of years in service. The father of the appellant is a man of means who was in a position to support the appellant. The appellant had source of income in the shape of profits of the lease lands. The appellant had specifically urged that the value of the property had gone up to its maximum limit. The brother' of the appellant D.W.1 Ahmad Yar had also supported the appellant.

8. Pursuant to the above discussion, I am of the view that prosecution had failed to establish it case beyond doubt against the appellant and giving him benefit of doubt I acquit him of the charge. The appellant is on bail his bail bonds are discharged. The order of forfeiture of the immovable property to the Provincial Government made by the trial Court is set aside. N.H.Q./M-799/L Appeal accepted.