Law: Prevention of Corruption Act, 1947

Section: 5(2)47

Law: Pakistan Penal Code, 1860

Section: 161

Onus of Proof-- ----It is settled that onus lies upon prosecution to prove demand and acceptance of illegal gratification by appellant. Prevention of Corruption Act, 1947 (II of 1947)-- ----S. 5(2)47--Pakistan Penal Code, (XLV of 1860), S. 161--Conviction and sentence--Challenge to--Principle of appreciation of evidence--Criminal matters--Credibility of P.W.--Statements of prosecution witnesses is not confidence inspiring and trustworthy and therefore, not found fit in probabilities of case--It appears that he had been involved in commission of offence just to save real culprit; particularly conviction recorded merely on statement of three members of raiding party and bribe given, in circumstances, was not in accordance with said of justice--Complainant being a contractor passing money to appellant as a bribe was more than an accomplice in crime and as such his testimony could not be accepted much less acted upon without corroboration from some independent source--In last, for sake of Islamic principles & teachings, wisdom can be drawn from precepts of the Holy Prophet "The one who gave bribes as well as one who took bribes doomed to hell fire"-- A perusal of impugned reveals that trial Court acted in oblivion of principle of appreciation of evidence in criminal matters to evaluate it and discover probabilities with regard to conviction of appellant--From material on record, version of prosecution found without corroboration which adversely affect on credibility of prosecution witnesses testimony--All these facts have not been considered by trial Court, resulting in illegality and gross irregularity of and decision. THIS JUDGMENT DELIVERED BY: HAFIZ SHAHID NADEEM KAHLOON, JUSTICE---.--- This judgment will dispose of the above-captioned appeal filed by Zafar Iqbal, appellant, who was convicted and sentenced by the learned Special Judge, Anti-Corruption, Multan, in case F.I.R No. 44/2009 dated 16.10.2009, offence u/S. 161 P.P.C read with Section 5(2)/47 of P.C.A registered at P.S. A.C.E, Sahiwal, vide impugned judgment dated 03.07.2010. Vide Infra conviction and sentence was imposed on the appellant:- ZAFAR IQBAL S/O MUHAMMAD ZUBAIR Under Section 161 of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492