Section 5 (2) of the Code of Conduct (XLV of 1860), Section 418 Criminal misconduct by a civil servant, fraudulent with the knowledge that wrongdoing can be done to a person whose interest is to protect the accused against the accused. , Who was a civil servant. It traded the lottery and collected money from the investors in installments and subsequently disappeared from the invested money, the trial court ruled under Section 418, PPC and the Prevention of Corruption Act, 1947. The accused was convicted under Section 5 (2) of the IPC. Section 5 (2) and Section 418 of the Prevention of Corruption Act, 1947, PPC were not applicable to the present case because the alleged lottery (committee) business had nothing to do with the official duty of the accused, but also in the accused. There was a consensus. And in their private capacity, the investor, two investors who appeared as prosecution witnesses, said they had received their money back, in their cross-examination witnesses said that as part of the committee. But they gave the money to different people on different occasions but they did not name the accused specifically, one of the witnesses was the senior of the accused, so the question of exploitation did not arise in the hands of the accused. Solid, convincing, and convincing evidence did not come up. Appeals were allowed, the accused was convicted and sentenced and he was acquitted of the charge.
Related judgments — Peshawar High Court NWFP, 2013
