Present:

Mr. Justice Md. Shohrowardi

Criminal Appeal No. 5493 of 2022

Md. Waliuddin

...Convict-appellant

-Versus-

The State and another

...Respondents

Mr. Mohammad Mojnu Mollah, Advocate

...For the convict-appellant Mr. Rezaul Karim (Reza), D.A.G with

Mr. Md. Shahidul Islam, A.A.G with

Ms. Sharmin Hamid, A.A.G

...For the State

Mr. Mohammad Ashraf Uddin Bhuiyan, Advocate

...For the respondent No. 2, Anti-Corruption Commission

Heard on 25.08.2024, 28.08.2024 and 24.10.2024 Judgment delivered on 28.10.2024

This criminal appeal under Section 410 of the Code of Criminal Procedure is directed challenging the legality and propriety of the impugned judgment and order dated 30.05.2022 passed by Special Judge, Faridpur in Special Case No. 03 of 2017 convicting the appellant under Section 467 of the Penal Code, 1860 and sentencing him to suffer rigorous imprisonment for 1(one) year and fine of Tk. 50,000(fifty thousand), in default, to suffer imprisonment for 01(one) month, convicting him under Section 471 of the Penal Code, 1860 and sentencing him to suffer rigorous imprisonment for 1(one) year and fine of Tk. 50,000(fifty thousand), in default, to suffer imprisonment for 01(one) month and convicting him under Section 5(2) of the Prevention of Corruption Act, 1947 and sentencing him thereunder to suffer rigorous imprisonment for 1(one) year and fine of Tk. 50,000(fifty thousand), in default, to suffer imprisonment for 01(one) month.

The prosecution case, in short, is that 92 decimals of land of S.A. Khatian No. 122, Dag No. 1841, 1854, 1841/2001 under No. 70 Dhipur Mouza of Gosairhat Thana, Shariatpur belonged to Harendra Chandra Nondy. He left for India long ago and the said land was recorded in the khas khatian. After that, Abdur Rashid Rari obtained settlement of 45 decimals of land of Dag No. 1841 as a landless person and after payment of the rents, he was enjoying and possessing the land. One Nilufa Begum, wife of accused Md. Waliuddin, applied on 26.01.1993 to the AC Land, Gosairhat for correction of record in her name. In the said application, it has been stated that he got the said property by auction purchase in Certificate Case No. 873 GH/76-77. The Assistant Commissioner of Land, Gosairhat initiated Miscellaneous Case No. 12-35/92-93 and directed the Assistant Land Officer, Edilpur Union Parishad to give a report on physical inspection. The Assistant Land Officer Edilpur in his report dated 30.03.1993 opined that Harendra Chandra Nondy was the S.A. recorded owner of the property and Nilufa Begum purchased the said land in the certificate case initiated for realization of the unpaid rent. In the said report, it has been also opined that one Abdur Rashid Rari of Char Samontasar obtained settlement of the land. Accordingly, the land development tax was also paid. On receipt of the said report, the Assistant Commissioner of Land, Gosairhat called for the record of the disputed Certificate Case No. 873 GH/76-77 from the Assistant Land Officer, Damuda. The Assistant Commissioner of Land, Damuda by memo dated 22.05.1993 sent a report stating that the record of the said certificate case is not available in his office. After that, to settle the dispute the record was sent to the Additional Deputy Commissioner, Shariatpur and a mutation case was started. The Additional Deputy Commissioner (Revenue) by order dated 18.12.1993 opined that there is a doubt about the existence of the said certificate case and accordingly, he rejected the application for mutation holding that accused Waliuddin, husband of Most. Nilufa Begum, paid the rent of the disputed Khatian No. 122 for the year 1390-1997, before mutation. Since he is the Assistant Land Officer, he illegally paid the rent. Nilufa Begum, the wife of the accused Waliuddin, filed Title Suit No. 12 of 1994 praying for a decree to set aside the said order passed by the Add