MUHAMMAD SHARIF Versus QURBAN ALI SHAH,
The appellant was tried for an offence under section 161, P.P.C. read with section 5(2) of the Prevention of Corruption Act, 1947 by the Special Judge Anti‑Corruption, Rawalpindi, vide judgment, dated 5‑1‑1983, the appellant was convicted for the said offence and sentenced to undergo R.I. for nine months with a fine of Rs.5,000 or in default to undergo further R.I. for two months.
2. Briefly the prosecution case is that in the year 1980 the appellant was posted as Moharrer Registration, Tehsil Office, Jhelum. On that day complainant Sheikh Muhammad Akbar P.W.4.went to the Registration Office to get a sale -deed registered in favour of his sister. The appellant allegedly demanded Rs.630 as registration fee but later on was content in getting Rs.250 only and issued a receipt Exh.P.W.3/A on the blank paper. Subsequently, it was known that the actual fee payable was only Rs.124 and that the appellant had dishonestly received Rs.126 in excess of the amount legally payable. Thereupon, the complainant made complaint Exh.P.W.4/A on 2‑12‑1980 to the then Deputy Commissioner, Jhelum. An inquiry was held into the matter on the order of the Deputy Commissioner by Sheikh Muhammad Maqsood P.W.5, who reported that the appellant had received a sum of Rs.126 in excess of the legitimate dues. In view of the inquiry report, the Deputy Commissioner, Jhelum got the case registered against the appellant, vide his letter Exh.P.W.6/A, with the Anti -Corruption Department, Jhelum.
3. When examined under section 342 of the Cr.P.C. the appellant stated that he never demanded Rs.630 from the complainant and that he had only received the registration fee and the cost of red‑cross tickets under instructions of the competent officer.
4. It is contended by the learned counsel for the appellant that the prosecution had completely failed to prove its case against the appellant beyond any reasonable doubt. The excess amount was received as price of the Red‑Cross tickets, which were being sold under instructions of the higher authorities. On the other hand, Mr. Muhammad Aslam Uns, the learned counsel for the State, contends that the offence against the appellant was proved beyond any reasonable doubt. He further submits that the receipt of excess amount is admitted by the appellant and that he had originally demanded a sum of Rs.630 which is indicative of his dishonest intention to get bribe.
I have heard the learned counsel for the parties and gone through the record. Admittedly, the appellant had received Rs.250 from the complainant instead of Rs.124 actually payable on the registration of the sale‑deed. However, the appellant has given a plausbile. explanation that during those days, Red‑Cross tickets were being sold under instructions of the higher authorities and the deeds were registered on payment of specific amounts for Red‑Cross tickets in accordance with the consideration involved in the sale‑deed. The defence version was supported by P.W.1 Rashid Ahmad, Naib‑Tehsildar, who was then working as Sub‑Registrar. He admitted in cross‑examination that on sale‑deeds of the value of Rs.10/15,000 Red‑Cross tickets worth Rs.120 were sold to the vendees at the time of registration of the deeds. He further admitted that the appellant had been working under him for about 9/10 months and that he never had any complaint about his conduct. So far as the demand of Rs.630 is concerned, the same is not substantiated by any reliable evidence. P.W.3 Muhammad Anwar Pasha had stated that the appellant had demanded Rs.630 as registration fee from the complainant but he had not stated so before the Inquiry Officer in his statement Exh. D.A. There is no other evidence regarding the alleged demand of Rs.630. In view of the above facts, the defence version put forward by the appellant is reasonably possible. Hence this appeal is allowed. The conviction and sentence of the appellant is set aside and he is acquitted of the charge against him. The appellant is already on bail. His bail bonds shall stand discharged.
SA./M‑1501/L Appeal accepted.