Law: Police Order (22 of 2002)

Section: 155-C

Law: Pakistan Criminal Law Amendment Act, 1958

Section: 6(4)

Law: Criminal Procedure Code (V of 1898)

Section: 237,535

Police Order (22 of 2002)--- ----Art. 155-C---Criminal Procedure Code (V of 1898), S. 237---Pakistan Criminal Law Amendment Act (XL of 1958), S. 6(4)---Illegally continuing with investigation---Appreciation of evidence---Offence not mentioned in charge-sheet---Accused was police official who was convicted by Special Judge Anti-Corruption under Art. 155-C of Police Order, 2002 and sentenced to three years of imprisonment---Plea raised by accused was that he could not be convicted under the offence which was not alleged to have been committed and he was not made aware of the same---Validity---Accused knew nature of accusation that he was illegally continuing with investigation even after suspension from service---Accused could be convicted and sentenced in an offence under another section of Penal Code, 1860, as S. 6(4) of Pakistan Criminal Law Amendment Act, 1958, had postulated---Special Judge Anti-Corruption could convict accused of any offence which from facts admitted or proved appeared to have been committed---Similar intent had been conveyed by Legislature through provisions of Ss. 237 & 535, Cr.P.C.---Special Judge Anti-Corruption did not act beyond his jurisdiction and conviction passed by him did not suffer from any illegality or irregularity---Appeal dismissed in circumstances. Mushtaq Hussain and another v. The State 2011 SCMR 45; Muhammad Rafique and others v. The State and others 2010 SCMR 385; Dawa Khan through L.Rs. and others v. Muhammad Tayyab 2013 SCMR 1113; Rabia Akhtar and another v. Muhammad Ayub and 2 others 2013 MLD 16; Anwar Ahmad v. Mst. Nafis Bani through Legal Heirs 2005 SCMR 152; Muhammad Asghar v. State PLD 2008 SC 513 and DPO Chiniot and others v. Muhammad Ayub 2013 SCMR 395 ref. JUDGMENT IJAZ AHMAD, J.---The appellant was challaned by Anti-Corruption Establishment, Rawalpindi to face trial in criminal case F.I.R. No.4 dated 29-1-2011 registered under section 5 of the Prevention of Corruption Act No.II, 1947 at P.S. ACE, Rawalpindi. The Special Judge, Anti-Corruption Court, Rawalpindi observed that the aforesaid offence was not made out, the provisions of Article 155-C of the Police Order, 2002 were however attracted. He…

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