Case Details

Citation(s)
1975 SLG 927 1975 SLD 927 1975 PCRLJ 456
Sindh High Court
Criminal Appeal No. 168 of 1973, 12th September, 1974
ABDUL HAFEEZ MEMON, J

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Muhammad Luqman

VS

The State

Law:

Section:

Keywords: Minutes, Payment, Trial Court, Call, Prevention, Appearance, Contentions, Prosecution, Defence, Gratification, Evidence, Illegal, Cross-Examination, Recovery, Conviction, Order, Loan, Magistrate, Consideration, Money, Place, Investigation, Examination, Acceptance, Prosecution Witness, Illegal Gratification, Set Aside, Fine, Surety Result: Appeal accepted JUDGMENT Appellant Muhammad Luqman son of Muhammad Khan Bulo has been convicted under section 161, P. P. C. Read with section 5(2) of Act 11 of 1947 and sentenced to three years R. I. And a fine of Rs. 200, in default to undergo R. I. For one month by the Special Judge-cum-Inquiry Officer, Anti-corruption, Sukkur. The prosecution case in brief was that on 13-8-1971 P. W. Yar Muhammad appeared at Salehpat Outpost to lodge report in connection with his house being set on fire by Sayed Faiz Muhammad Shah and others. Appellant Luqman, Head Constable incharge of the out-post recorded the F. I. R. On a white sheet paper and thereafter reached the scene of offence at about 7 or 8 p.m. On the same day. He contacted the accused on the next day whereafter be told complainant Yar Muhammad that the accused Faiz Muhammad Shah and others had filed a case of cattle trespass against him (complainant) and others and advised him to get the matter decided by one Pit A.I Shah. The appellant also told the complainant that if, however, he paid Rs. 1.000, as illegal gratification, he would challan the accused in the fire case and would not challan him and others in the counter case of cattle trespass but if he did not pay, he would dispose of the fire case as B summary and challan him and others as accused in a cattle tres pass case. After negotiations, it was finally settled that Yar Muhammad would pay Rs. 700, on the next day and Rs. 125 on 16-8-71 and the remaining amount on 18-8-71. Yar Muhammad accordingly paid Rs. 700, to the appel lant at the outpost in presence of P. W. Shahbazdino and promised to pay the balance on the next day. The appellant informed him that he would be reaching the Ferry of Shahbazdino on the next day where he would take the amount of Rs. 125, from him. Yar Muhammad thereafter, sent Ghulam…
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