Para Re Scan 751 (PLP)

Date of hearing: 20th February, 1989. Muhammad Iftikhar was sent up for trial by Police Station Railway. Kasur for art offence under section 5(2) of Prevention of Corruption Act, 1947. Special Judge (Central), Lahore, vide his judgment, dated 2‑5‑1988, sentenced him to one year's R.I. and a fine of Rs.1,000 or in default tether R.I. for one month. Muhammad Iftikhar has appealed against his conviction.

2. The allegation agai0st the appellant is that he was working as Booking Clerk Railway Station Pattiki on 24‑6‑1977. On 25‑6‑197'7 3 passenger came to Hafeez Ahtned Mansoor, Assistant Station Master, and enquired whether two tickets in his possession wire valid or not. On exarttination the date on the tickets appeared to be 24-6-1977 On verification, it transpired that the tickets were issued on 24‑6‑1977. After necessary inquiry the matter was reported to the police against Muhammad Iftikhar "chose dirty was to issue tickets. F.LR. Exh.P.B. was lodged by Hafeez Ahmad Mansoor on 26‑6‑1977 with Railway Police Station Kasur. The prosecution in support of its case, produced 11 witnesses to bring home the charge. P.W.1, Hafeez Ahmed Mansoor detected the tickets, held an inquiry and got the case registered with the police. Hafiz Abdul Ghaffar P.W.2 checked the ticket‑tube which contained the tickets did not find any old ticket. Shah Nawaz, P.W.3, was working as Station Master during the relevant period. He sent the Chief Booking Clerk to check the Booking Office who brought 2 more tickets pertaining to 24‑6‑1977, further checking transpired that on 24‑6 1977, 70 tickets were sold by the appellant for Changa Manga but they were not used and returned to the Booking Clerk. Those tickets were resold by the appellant. War Hussain P.W.4 Ticket Collector‑ stated that on 24‑6‑1977, 70 tickets were sold but were not utilized and the appellant had cancelled them. Saleemuddin P.W.5 in June 1977 was working as Ticket Collector, Changa Manga and detected 4 tickets or. 25‑6‑1977. On inquiry from the passengers they informed him that they had purchased the tickets from Pattoki. Sher Muhammad P.W.6, stated that about 8/9 years back he had purchased 2 tickets from Pattoki for Changa Manga. He showed tickets to the Station Master who informed that the said tickets were issued on 24‑6‑1977, therefore, could not be utilized. P.W9 Qudratullah, Station Master Changa Manga was informed on 24‑6‑1977 regarding 4 tickets issued from Pattoki which were detected by the concerned staff. Farman Ali P.W.11 challaned the appellant after necessary investigation. The case was also partly investigated by Zahoor Ahmed P.W.12 who was posted at Railway Police Station Kasur during the relevant period. P.W.13 Rehmat Ali stated that about 10 years back he had to go to Hanjarwal from Pattoki by train in connection with a marriage party. He has stated that he had purchased 70 tickets from Pattoki for Changa Manga from the appellant. The same day they decided to go by bus, therefore, instead of returning the tickets, he threw the tickets at the platform and went away. At the conclusion of the prosecution evidence the appellant was examined under section 3,42, Cr.P.C. wherein he refuted the entire prosecution allegations. He also appeafed in his defence on oath and pleaded innocence.

3. It is contended by learned counsel for the appellant that the case against the appellant is not proved at all. Submits that it is in evidence that on checking the ticket‑tube which contained the tickets no ticket pertaining to 24‑6‑1977 was found there. Submits that from the evidence of P.W.13, it is clear that the tickets issued to him were never got cancelled or returned to the appellant, therefore, the same were used by some one and the appellant cannot be held responsible.

4. I have heard the learned counsel at length and perused the record. The charge against the appellant is that he on 25‑6‑1977 issued tickets which pertained to 24‑6‑1977. The evidence led by the prosecution clearly establishes that in the account book the sale of said tickets was fully accounted for. In these circumstances the appellant had showed the sale 'of tickets and of receiving money in consideration of the said sale then by no stretch of imagination can it be held that he used the sale proceeds for himself. Rehmat Ali P.W.13 dearly stated I that he had purchased 70 tickets from the appellant from Pattoki Railway Station for Changa Manga. He further stated that he had purchased the tickets for Rs.35 but did not use the said tickets instead they were thrown away, and the same might have been picket up by anyone and used. 1n these circumstances, there is substance in the arguments of the learned counsel that the appellant cannot be held responsible.

5. For what has been discussed above, I hold that the prosecution has not been able to prove its case beyond reasonable doubt. Therefore, giving him the benefit of doubt, I accept the appeal and set aside the conviction. The appellant is on bail, his bail bonds shall stand discharged. SA:/M‑1160/L Appeal accepted.