| Citation(s) |
|---|
| 2015 SLG 2218 2015 SLD 2218 2015 YLR 2022 |
Peshawar High Court
Cr. A. No. 166-P of 2014, decided on 8th December, 2014
QALANDAR ALI KHAN, J
Amin ur Rehman for Appellant. Muhammad Riaz Khan Paindakhel, A.A.G. for the State
Cr. A. No. 166-P of 2014, decided on 8th December, 2014
QALANDAR ALI KHAN, J
Amin ur Rehman for Appellant. Muhammad Riaz Khan Paindakhel, A.A.G. for the State
ZUBAIR SHARIF
VS
The STATE through Advocate General Khyber Pakhunkhwa, Peshawar court
Law:
Section:
Penal Code (XLV of 1860)--- ----Ss. 466, 468 & 472---Prevention of Corruption Act (II of 1947), S.5(2)---Forgery of record of court or of public register---Forging for purpose of cheating, making or possessing counterfeit seal etc., receiving illegal gratification---Name of accused figured in the FIR---Nothing detrimental to the prosecution case was brought on record from the statement of independent witness, despite lengthy cross-examination---Said witness was not shown to have nursed grudge or ill-will against accused---Testimony of said witness, being coherent and confidence inspiring, was correctly relied upon by the Trial Court for conviction and sentence of accused---Conclusion arrived at by the Trial Court with regard to the motorcar, and cash amount of Rs. two lac, which were declared ill-gotten, could not be agreed to, as no evidence had been adduced to show nexus with the alleged ill-gotten amount---No evidence was to prove receipt of illegal gratification against accused---Motorcar could not be held to have been purchased by ill-gotten money---Appeal of accused, was dismissed, but impugned /order to the extent of confiscation of the motorcar and cash amount of Rs. two lac was set aside, in circumstances. JUDGMENT QALADNAR ALI KHAN, J.---Zubair Sharif, appellant, has lodged this appeal against the judgment and order passed by learned Special Judge, Anti-Corruption, Khyber Pakhtunkhwa, Peshawar, dated 17-3-2014, whereby, he was convicted and sentenced as under:-- (a) under section 468, P.P.C., Two years' R.I with a fine of Rs.50,000 (fifty thousand) or in default of payment of fine to undergo S.I for Six months. (b) under section 466, P.P.C., Five years' R.I. with a fine of Rs.50,000 (fifty thousand) or in default of payment of fine to undergo S.I for Six months. (c) under section 472, P.P.C., Five years' R.I. with a fine of Rs.50,000 (fifty thousand) or in default of payment of fine to undergo S.I for Six months. (d) under section 5(2) P.C. Act, Two years' R.I. with a fine of Rs.50,000 (fifty thousand) or in default of payment of fine to undergo S.I for Six months. 2. The appellant has impugned judgment of the learned trial court, inter alia, on…
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