Law:

Section:

(a) Prevention of Corruption Act (II of 1947)---- ----Ss. 4 & 5(2)---Penal Code (XLV of 1860), S.161---Constitution of Pakistan (1973),.Art.185(3)---Demand of bribe money by the accused its payment to co-accused on accused's direction and its recovery from co­ accused had been corroborated by an independent and reliable witness who had no ill-will or any animus against the accused and his testimony could not be disbelieved---Over hearing of the conversation of the complainant and the accused by the Magistrate or Circle Officer in presence of such evidence was immaterial which even otherwise was neither a condition precedent to prove a raid case nor the same was a requirement of law---Co-accused had admitted to have received the amount from the complainant on the direction of the accused for him, presumption under S.4 of the Prevention of Corruption Act, 1947, thus, was against the accused---Plea of alibi taken by accused was falsified by his own statement and the defence evidence had rather supported the prosecution case---Courts below on proper appreciation of evidence had rightly convicted and sentenced the accused---Leave to appeal was refused to accused accordingly. Rashid Ahmad v. The State 1974 S C M R 249 ref. (b) Prevention of Corruption Act (II of 1947)----- ----S. 5(2)---Penal Code (XLV of 1860), S.161---Appreciation of evidence---Overhearing of the conversation between the complainant and the accused by the Magistrate or Circle Officer, in circumstances, was neither a condition precedent to prove a raid case nor the same was a requirement of law. JUDGMENT MIAN MUHAMMAD AJMAL, J.--Leave to appeal is sought against the judgment of the High Court of Sindh, Sukkur Bench dated 6-5-2003, whereby Criminal Appeal No.51 of 1992 of the petitioner and Criminal Appeal No.50 of 1992 of his co-accused were dismissed and their conviction and sentences were maintained. 2. Brief facts are that Din Muhammad Lashari complainant was running `Dawakhana' and providing Homoeopathy treatment in Village Sawari. On 17-4-1987 when he opened his Dawakhana, he found a notice from Shah Jehan, Drug Inspector, Khairpur directing him to attend his office on 19-4-1987. He…

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