Case Details

Citation(s)
2004 SLG 2487 2004 SLD 2487 2004 PCRLJ 1326
Peshawar High Court
Criminal Appeal No. 234 of 2004, decided on 23rd April, 2004
SHAHZAD AKBAR KHAN, J
Mian Mohibullah Kakakhel and Amjid Ali for Appellants. Zakir Hayat for the State

ISLAM PARVEZ alias ASLAM PARVEZ

VS

THE STATE

Law:

Section:

Prevention of Corruption Act (II of 1947)-------S. 5(2)---Penal Code (XLV of 1860), S.161---Appreciation of evidence---Accused had not denied receiving of amount recovered from his possession by raiding party, but he had explained, that it was never received by him as bribe/illegal gratification, but same in fact it was recovery of public money in the form of agricultural tax due from father of the complainant---Accused to prove his version had produced two defence witnesses who were cross-examined, but credence of their testimony could not be shattered---Statements of said two defence witnesses had found strong support from the record as the list of owners of Mauza concerned pertaining to relevant years was produced by accused wherein name of father of complainant was appearing which indicated that amount of agricultural tax was outstanding against him--­Mere recovery of tainted money would not be sufficient to establish…
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