ASLAM JAVED MINHAS, J.---The appellant, namely Abdur Rab was tried by the learned Special Judge Anti-Corruption Dera Ghazi Khan Camp it Muzaffargarh, in case FIR No,13 dated 09.04.2004 under sections 161, 409, 467, 468, 471, P.P.C. And 5(2)47 PCA at Police Station ACE Rajanpur and vide judgment dated 30.06.2009, he was convicted and sentenced under section 409, P.P.C. To imprisonment for two years with fine of Rs,20,000/-. He was also convicted under section 5(2)47, PCA and sentenced to two years' R.I. With fine of Rs,20,000/-, in default of which to further undergo S.I. For six' months on each count. Both sentences were ordered to run concurrently and appellant was also extended the benefit of section 382-B, Cr.P.C.
2. Brief facts of the case are that on checking of register of mutations of Mouza Taung by complainant, he found that not only his redemption mutation but all mutations were pending. The appellant received mutation fees from vendees but instead of depositing the same in treasury, misappropriated the amount and gave impression that mutations have been sanctioned. Further alleged that appellant kept certain leaves of mutation blank just for forgery purposes. After due inquiry, the case was registered against the appellant and Sh. Muhammad Naeem Tariq (since absconder).
3. After registration of case, the investigation was conducted, Sh. Muhammad Naeem Tariq was declared proclaimed offender and the present appellant was declared guilty and thereafter challan was submitted against him. After necessary formalities, learned trial court framed charge against appellant to which he pleaded not guilty and claimed for trial.
4. To prove the guilt of the appellant/ accused; prosecution examined Muhammad Tariq Bashir DDOR/Inquiry Officer as PW-1, Ghulam Asghar Investigating Officer as PW-2, Haji Punnal Khan complainant as PW-3, Azmat Ullah Khan as PW-4, Nazir Ahmed as PW-5 and Dur Muhammad as PW-6. After closure of the prosecution evidence, the statement of the accused/appellant was recorded under section 342 Cr.P.C. He denied the allegation and claimed his innocence and false involvement. In reply to a question "why this case has been registered and why the PWs have deposed against you", he replied that "the complainant pressurized him to play as tools in his hands to which he denied upon which he felt annoyed and got him involved in this false case. In his defence, the appellant relied on documents tendered by him as Ex.P-39 to Ex.P-64.
5. Learned counsel for the appellant submits that judgment passed by the learned trial court is illegal and nullity in the eye of law; that learned court has not applied its judicious mind while deciding matter in issue; that impugned judgment is result of misreading and non-reading of evidence; that the prosecution has failed to produce receipt of any illegal gratification or cheating etc or to substantiate the commission of criminal breach of trust in discharging his official duty in collusion with co-accused Sh. Muhammad Naeem Tariq, Consolidation 'Officer Rajanpur through unimpeachable evidence; that no loss to government exchequer has been caused by the appellant nor the same was proved by the prosecution; that there is glaring contradictions between statements of PWs. In the end, learned counsel prayed for acceptance of this appeal.
6. On the other hand, learned DPG vehemently opposed the arguments advanced by learned counsel for the appellant and argued that learned trial Court after considering the record has rightly passed the judgment which is quite well reasoned and prayed for dismissal of this appeal.
7. Arguments heard, record.
8. Firstly, it is pertinent to mention here that sentence of the appellant had been suspended by this Court on 03.09.2009 and the appellant was released on bail. Later on, when appeal was fixed, the appellant defaulted, consequently his summons as well as non-bailable warrants of arrest was issued to procure his attendance but he did not appear, however, Circle Officer ACE Rajanpur on 05.10.2015 informed the Court that Abdul Rab accused/appellant is involved in so many cases has been sent to judicial lock up thus Superintendent Central Jail Dera Ghazi Khan was directed to produce the accused before this Court, so appellant (in handcuff) was appeared before court on 27.10.2015, now he is under custody.
9. After hearing the learned counsel for the parties, careful scanning of the oral as well as documentary evidence, it has been observed that there were two main allegations leveled by the prosecution, first one was the allegation that the appellant demanded and received Rs,18000/- from Abdullah as fee of mutation No,2094 and the second was misuse of official powers by the appellant in connivance with his co-accused Sh. Muhammad Naeem Tariq.
10. Now coming to the allegation of receiving Rs,18000/- from Abdullah in presence of PWs. After deeply reappraisal of the record, it was found that mutation No,2093 was entered by the appellant on 29.06.2002 whereas from mutation No,2094 upto 2015(sic) no date was mentioned. There are two mutations having same serial number whereas in said mutations, parties are different while page for mutation No,2102 is still blank. Furthermore, fee of mutation No,2094 was deposited on 29.06.2003. It is further mentioned to note here that PW-5 & PW-6 while got recording their statements deposed that they purchased a land measuring 04-acre and in this regard mutation No,2094 was entered but in spite of taking Rs,18000/- from them, the same was not sanctioned.
Record further reveals that the appellant deposited meager amount in government treasury after long delay whereas huge money was misappropriated by him.
11. So far as the allegation No,2 is concerned, perusal of record shows that the appellant has misused his official powers by entering mutation No,2074 on 23.01.2002 despite that he was not competent to enter any mutation after 23.01.2002 till finalization of the operation i,e, 30.06.2005, as per letter addressed by the Secretary Consolidation Punjab to the DCO (Consolidation) Dera Ghazi Khan. Record further disclosed that there are series of mutations entered by the appellant and on so many mutations, no date has been mentioned there and the same are also still without signatures of the competent authority. This act of the accused is very crucial and beyond his official powers, which caused loss to the government treasury. The appellant has also admitted allegation while recording his first version before the I.O. To the effect that he on the asking of Sh.
Muhammad Naeem Tariq accused (since absconder) entered mutations after mutation of Ishtarak No,2074 on assurance of Consolidation Officer but he would reject the same to legalize the mutations registered afterward i,e, mutation No .2074 .
12. The offence committed by the appellant is very heinous in nature because he has sanctioned fake and fictitious mutation wrongly by depriving original owner from his legal right/property. If the public functionaries are doing such kind of job especially, when they are custodian of public record and committing forgery and fabrication to deprive the people from their properties than not only the litigation would be at large is also anarchy and Pandora box of anarchy would also prevail in the society, so in the prevailing circumstances, there is no misreading or non-reading of evidence has been pointed out by the counsel for the appellant and the same is based on proper appraisal of proof. The findings of the learned Special Judge Anti-Corruption, Dera Ghazi Khan are fully supported by the evidence on tecord, therefore, by upholding the same, the appeal in hand is dismissed.