Law: Prevention of Corruption Act, 1947

Section: 5(2)

Law: Criminal Procedure Code (V of 1898)

Section: 103

Law: Pakistan Penal Code, 1860

Section: 161

Prevention of Corruption Act (II of 1947)--- ----S. 5(2)---Penal Code (XLV of 1860), S. 161--- Criminal Procedure Code (V of 1898), S. 103---Public servant taking gratification other than legal remuneration in respect of an official act, criminal misconduct---Appreciation of evidence---Trap proceedings---Non-marking of money---Non-association of private witnesses during recovery proceedings---Effect---Accused, who was a peon in a Government office, allegedly demanded bribe from local people for issuance of National Identity Cards (NICs)---Federal Investigation Agency (FIA) officials arranged trap proceedings andcaught accused red-handed while accepting bribe and also recovered tainted money from him---Trial Court convicted and sentenced accused under S. 161, P.P.C. read with S. 5(2) of Prevention of Corruption Act, 1947----Validity---Material witness, who was allegedly deputed to issue National Identity Card (NIC) forms had not been examined and was given up due to unknown reasons---Private mashir was not put in the witness box and admittedly no other private witness acted as marginal witness of mashirnama of recovery---Provisions of S. 103, Cr.P.C. were violated by investigation officer, who admitted that private persons were available at the place of raid---Tainted money allegedly recovered from accused was neither marked nor sealed---Accused was not competent to receive and issue National Identity Cards (NICs), therefore, it appeared that he had been involved in the present case to save the real culprits---Raiding party, during trap proceedings should have heard the conversation which took place between the accused and the person who allegedly gave him bribe and should have also seen the passing over of tainted money---Contradictions existed with regard to recovery and sealing of tainted money and alsowith regard to marking signs on the same---Prosecution version was without corroboration, which adversely affected the credibility of testimony of prosecution witnesses---Evidence on record fell short of proving the charge against accused---Appeal was allowed, conviction and sentence recorded by Trial Court were set aside and accused was acquitted of the…

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