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Criminal Appeal No.210 of 1981, decided on 8th December, 1985.
---S.409--Prevention of Corruption Act (II of 1947), S.5(2)--Sentence, reduction in--Admittedly accused failed to deposit land revenue collected by him in Government treasury within reasonable time but deposited same with delay of 3 months and 23 days---Accused, held, liable for committing offence of temporary misappropriation of Government money, in circumstances--Conviction maintained but sentence reduced to imprisonment already undergone in view of accused's illness and deposit of full amount into Government account ultimately.
A.Q. Halepota for Appellant.
Imam Bux Sheikh for the State.
Date of hearing: 18th December, 1985.
Appellant Syed Mehmood Shah was Tapedar of Tapo Gerore Sharif, Taluka Khipro, in District Sanghar in the year 1980. In that capacity, he collected a sum of Rs.2,900/- as Land Revenue from one Rehmat Ali, a Kamdar of Hussain Bux Marri, on 6-4-1980 and issued to him receipts Nos.14-21 from Book No.56. This amount was not deposited in Government Treasury as required. A report was made against him to the Mukhtiarkar of the Taluka by the Supervising Tapedar, Abdul Ghafoor. After necessary enquiry, report was lodged with the Incharge Anti-Corruption Establishment, Sanghar. A case under section 409, PPC r/w section 5(2) Act II of 1947 was registered against him on 6-8-1980. After due investigation, he was sent up in the Court of Special Judge, Anti-Corruption, Hyderabad. He was tried on the charge of the aforesaid offence punishable under section 409, PPC r/w section 5(2) of Act II of 1947 and was convicted thereof and sentenced to suffer R.I. for one year and also pay fine of Rs.3,000/- or suffer R.I. for three months more in default. He has preferred this appeal against his conviction and sentence awarded on him.
Prosecution case against the appellant rests on tie evidence of Rehmat Ali (PW-1), Nia2 Ali (PW-2), Abdul Ghafoor, Supervising Tapedar (PW-3), Muhammad Ismail, Mukhtiarkar (PW-4) and Atiq Ahmad, Circle Officer A.C.E., Sanghar (PW-5). The appellant examined in his defence two witnesses Murad Ali Kothwar (DW-1) and Ghulam Hussain Tapedar (DW-2).
The learned counsel for the appellant has urged that the appellant had fallen seriously ill and he had passed on the sum of Rs.2,900/- collected by him from Rehmat Ali to his Supervising Tapedar Abdul Ghafoor for depositing it in the Government Treasury but that was not done. He has next urged that the entire amount was deposited by the appellant in National Bank of Pakistan, Sanghar Branch, on 29-7-1980, after he became aware that the amount had not been deposited by the Supervising Tapedar and that he did not commit any criminal breach of trust and no offence was committed by him. He has placed reliance on the evidence of defence witnesses Murad Ali and Ghulam Hussain and also sought support from evidence of Rehmat Ali in cross-examination. He has contended that even if it may be accepted that the appellant had committed temporary misappropriation the sentence awarded to him is beyond proportion.
On the other hand, the learned Advocate appearing for the State, has opposed the appeal and, supported the Judgment of the trial Court, contending that the collection of the money by the appellant is admitted and there is no reliable evidence that he had passed it on to the Supervising Tapedar; and he is liable for having committed temporary criminal breach of trust in respect of Government money. However, he concedes that reduction in the sentence may be considered.
The collection of the sum of Rs.2,900/- by the appellant from Rehmat Ali as Land Revenue under receipts Nos.14-21 from Book No.56 is admitted and there is .evidence to that effect of Rehmat Ali and Abdul Ghafoor Supervising Tapedar. It is not disputed that this amount was not deposited in the Government Treasury till 29-7-1980, although the collection was made on 6-4-1980. The detection of appropriation was made by the Supervising Tapedar Abdul Ghafoor and its report was submitted to Muhammad Ismail, Mukhtiarkar, and he submitted his report to the Dy. Commissioner, who forwarded Mukhtiarkar's report to the Anti-Corruption Circle, Sanghar for registration of the crime. The plea of the appellant is that he had fallen ill and he had forwarded the sum of Rs.2,900/- to the Supervising Tapedar Abdul Ghafoor through Murad Ali Kotwar, seems to be afterthought development as no question was put to Abdul Ghafoor Tapedar when he was examined in the Court. It is evident that the Land Revenue fts.2,900/- collected by the appellant from Rehmat Ali was not deposited in Government Treasury within reasonable time and it amounted to temporary misappropriation of the Government money and the appellant is liable to have committed offence he has been convicted of and sentenced for.
For the reasons recorded above, there is no merit in the appeal. The conviction of the appellant is maintained and while considering the evidence on the record that the appellant had fallen ill and ultimately full amount was deposited by him on 29-7-1980, the sentence is reduced to that of imprisonment already undergone. Fine, if paid, shall be refunded. Appeal stands dismissed with modifications in the sentence as indicated above.
S.G.D:/M-139/K
Order accordingly.
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