Law: Criminal Procedure Code (V of 1898)

Section: 417(2)

Law: Prevention of Corruption Act, 1947

Section: 5

Law: Penal Code (XLV of 1860)

Section: 161

Criminal Procedure Code (V of 1898) S. 417(2 A) Pakistan Criminal Law Amendment Act (XL of 1958), S. 10 Prevention of Corruption Act (II of 1947), S.5 Penal Code (XLV of 1860); S.161 Appeal against acquittal Maintainability Accused was Secretary, Union Council and was tried by Special Judge Anti-¬Corruption and ultimately acquitted Complainant had challenged the acquittal of accused under S.417(2 A), Cr.P.C. Held, for filing an appeal against acquittal passed by the Special Judge, direction by the Federal Government to the Public Prosecutor to present appeal before the High Court was a condition precedent and unless the appeal was filed by the Public Prosecutor on the direction of the Federal Government, the same was not entertainable -Provisions of Pakistan Criminal Law Amendment Act, 1958, were to prevail upon the provisions of Criminal Procedure Code, 1898, which was a general law Appeal filed by the complainant against acquittal of accused, thus, was not maintainable and the same was dismissed accordingly. Rasool Khan and 9 others v. Haji Banaras Khan and 5 others 2002 PCr.LJ 286; Hazoor Bakhsh v. Riaz Ali Abbassi and another PLD 2063 Kar. 340; Utility Store Corporation, Government of Pakistan through Regional Manager, Utility Store Corporation, Rawalpindi Region, Model Town, Islamabad v. Muhammad Nazir Khan 2003 PCr.LJ 185; Ashiq Muhammad and another v. Khuda Bakhsh and others PLD 1998 Pesh. 68; Superintendent and Remembrancer of Legal Affairs, Government of East Pakistan v. Syed Bazlur Rahman and others PLD 1960 Dacca 200 and State v. Muhammad Hussain PLD 1968 SC 265 ref. THIS ORDER PASSED BY: ABDUL SHAKOOR PARACHA, JUSTICE:---.--- This appeal is directed against the judgment passed by the Special Judge, Anti Corruption Provincial Rawalpindi Division, Rawalpindi' whereby respondent Aziz ur Rehman Shah has been acquitted from the charge by receiving Rs. 3,000 as illegal gratification from the complainant for correction of date of birth of his friend in the relevant record in case registered against him vide F.I.R. No. 5 dated 24 6 1999 under section 161, P.P.C. read with section 5/2/47 PCA at Police Station, Anti Corruption, Rawalpindi. 2. At the outset…

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