1. Appellant Muhammad Safdar Choudhary has been convicted under section 168 P.P.C. Read with section 5(2) of the Act of 1947, by the Special Judge, Anti-Corruption Karachi, vide Judgment. Dated 3-1-1982. He has been sentenced to imprisonment till rising of Court and fine of Rs.10,000 in default to undergo R.I. For six months. He has filed this appeal under section 410, Cr.P.C.
2. The case of prosecution against appellant is that he was running two Clinics at Bhains Colony Landhi, and practising as a doctor with bogus name of Dr. Mrs. Mohiuddin. He is reputed to keep bad character Nurses in his Clinics for immoral purpose. The appellant was also convicted by Court No.1, (East) Karachi, on 26-2-1974 for lodging false report at Police Station Quaidabad. The case under section 5(2) of. Act 11 of 1947 was registered by Inspector Ishrat Yar Khan of Anti-Corruption Establishment Karachi, on 10-4-1978 as Crime No.25 of 1978.
3. Inquiry was instituted upon the application made by witness Muhammad Ikram, resident of the locality who used to deal in Cattle Business. The application was forwarded by the Chief Minister Sind to the Chief Officer K.M.C. For enquiry and report. Shaikh Ghulam Hyder the Chief Meat Inspector was appointed as Enquiry Officer.
4. On the strength of enquiry report the case as stated above was registered. On completion of the investigation the Anti-Corruptiun Police sent up the appellant to Military Court for trial but subsequently the case was transferred to the Court of the Special Judge Anti-Corruption. On 25-11- 1979 a charge was framed against the appellant to which he pleaded not guilty. The allegations in the charge are that he collected huge property movable and immovable by unlawful means and he was in possession of two private clinics, two Maternity Homes and one Medical Store, Dispensary at Cattle Colony Landhi, Karachi. He was also been charged for purchasing two Commercial Plots bearing Nos. 190 and 191 in Cattle Colony Landhi, Karachi in the name of his father and that he has got one Suzuki Van in the fictitious name of Mrs. Farah Choudhary.
5. Prosecution in support of the case examined P.W. Muhammad Ikram Exh.2, Haji Muhammad Anwar Exh.6, Shaikh Ghulam Hyder Exh.7, Jamshed All Khan Exh 10, Syed Shahid Hussain Exh.11 and Mr. Ishrat Yar Khan Exh.15. Appellant in his statement under section 342, Cr.P.C. Exh 18 has denied the allegations and stated that in the year 1975 P.W. Muhammad Ikram became Pakistan Peoples Party, Chairman and he was constructing a Hotel in front of a clinic which is run by his cousin Dr. Farah Choudhary. They with the help of the police compelled him to vacate that place hence he became his enemy. He has also stated that in September, 1976, Muhammad Ikram kidnapped a nurse and rapped her and such case is pending in the Court of Sessions in which he appeared as prosecution witness. He has further stated that 1986] Muhammad Safdar Chaudhary v. State 1851 (Abdul Razzak A. Thahirn, J) he was pressurised by Ikram not to give evidence against him but he refused to accede to his request due to which he sent an application to the Chief Minister in 1976 containing false allegations. Appellant has examined 4 witnesses in his defence namely D.W.1 Farook Akhtar alias Farah Choudhary Exh.20, DW.2 Shah Nawaz Exh.27, D.W.3 Azizur Rehman Exh.29 and D.W.4 Sharif Exh.30.
6. Muhammad Ikram in his evidence stated that appellant used to call himself as Dr. Safdar Choudhary and he owns two dispensaries, 2 medical stores and Maternity Home. The clinics are running, in the name of Dr. Choudhary Safdar and G.M. Mohiuddin who is a fictitious person. He has stated that appellant has constructed clinics unauthorisedly on the Government land. He has stated that accused owns a car, Suzuki Van and Scooter. He made an application against the- appellant to the Chief Minister which he produced as Exh.3. He has admitted that case of abduction is pending against him in the Court of Sessions Judge Karachi, and he was also challaned in the murder case in the year of 1974. He has stated that Mst. Khalida Perveen Nurse is complainant in the rape case. He has admitted that appellant filed the case against him at Police Station Quaidabad, on 29-9-1976. He has stated that he was President of P.P.P. And got visiting cards printed in which he had given the telephone numbers of Landhi Police Station. He produced photostat copies of the cards as Exh .4 .
7. P.W. Haji Muhammad Anwar in his evidence stated that appellant own two dispensaries, medical store and Maternity Homes on Plot No.107 in the Cattle Colony Landhi, Karachi. He has also stated that appe'Llant own Opel Car, Motor Cycle and Suzuki Van and got two Telephones connections installed in his clinics. He has stated that appellant rented out a house to him. P.W.3 Ghulam Hyder stated that he received application in the year 1976 against the appellant addressed to the Chief Minister for comments. He submitted comments which he produced as Exh.8. In his cross- examination he has admitted that he did not visit any place in connection with the allegations made against the accused in application Exh.3 He did not even go to visit the Dispensary or the medical store mentioned in the application before submitting his comments. Jamshed All Khan Exh .10 was Monitor in the Telephone Department. He has stated that Telephone Nos. 330831 and 330731 are in the name of lady doctor Ameer Begum M.B.,B.S. Security Hospital Cattle Colony, Landhi.
8. P .W Syed Shahid Hussain is clerk in Excise and Taxation Karachi. He produced record of registration of vehicle Suzuki Van No.KCA-6080 (old number) and 001-997 (new number). The vehicle was in the name of Farah Choudhary.
9. P.W. Ishrat Yar Khan Exh.13 received an application Exh 3 for enquiry. He made enquiries in the allegations and registered a case on 1-4-1978. He produced the F.I.R. As Exh.14. He has stated that during the investigation he found appellant having property valued about more than 50,000. He has stated that appellant constructed three shops authorisedly on KDA Candle water pipeline. He recorded the statement of the witnesses and obtained prosecution sanction against appellant and he produced the prosecution sanction as Exh.17. He challaned the appellant on 30-7-1978.
10. D.W. Farook Akhtar alias Farah Choudhary in her evidence has stated that she is registered Medical Practitioner and also Lady Health Visitor. She is running 2 Dispensaries and Medical Stores and she has produced documents relating to the Telephones and Suzuki Van. She has stated that M. Ikram is well-known Gonda in the Cattle Colony Landhi. He wanted to construct a shop in front of her clinic on which appellant helped her and got the same removed for the authorities concerned. D.W.
11. Shahnawaz Exh. 27 has stated that Muhammad Ikram had an hotel in that area in which he used to provide liquor to the customers and murder case was also registered against him. He has stated that nearly 400 persons moved applications against Muhammad Ikram due to which he was removed from the chairmanship of P.P.P. He has produced copy of the application Exh.28. He has stated that 2 clinics are being run by a lady doctor. D.W. Azizur Rehman Exh.29 hits stated that he was salesman on medical store known as "Life Medical Store" situated in Bhains Colony Karachi and the owner of the medical store is Muhammad Nazir. He has stated that appellant had no concern with the medical store. D.W. Muhammad Sharif Exh.30 is father of the appellant. He has stated that he purchased 2 plots bearing Nos.190 and 191 situated in the commercial area at Cattle Colony Landhi from K.M.C. Karachi. He produced photostat copies of the sale documents as Exh.31.
12. I have heard Mr. Muhammad Ali Shaikh for the appellant. Mr. Makhdoom Abdul Wali for the State who does not support the conviction. The evidence against the appellant consists of Muhammad Akram and Muhammad Anwar. During the investigation no documentary proof has been produced to show that appellant is owner of the alleged properties. Witness Ghulam Hyder, Chief Meat, Inspector hold preliminary enquiry under the orders of the then Chief Minister Sind. He did not visit the Dispensaries, Clinics, Medical Store. He did not record the statement of any person. The appellant has proved his enmity with P.W. Muhammad Ikram and it has also come on record that appellant is witness against Muhammad Ikram in rape case. The appellant has examined defence witnesses. They have produced documents showing that property belong to them. The father of appellant purchased plots and he has furnished documentary evidence to this effect. Dr. Farah Choudhary has stated that she is running clinic and her evidence is supported by documentary proof. There is recorded enmity between appellant and P.W. Muhammad Ikram. The prosecution has failed to substantiate allegations against the appellant. I allow his appeal and acquit him. Fine if already paid bek refunded.