Law: Penal Code (XLV of 1860)

Section: 161

Penal Code (XLV of 1860), ---S. 161 read with Prevention of Corruption Act (11 of 1947), S. 5(2)--Evidence-Corroboration Person offering bribe-An accomplice-Conviction based on uncorro borated solitary statement of such accomplice-Set aside. Jalal Khan v. State P L D 1959 Kar. 714; Ghulam Muhammad v. Crown P L D 1957 Kar. 410 and Muhammad Ayub Khuro v. Pakistan P L D 1960 S C 237 rel. Date of hearing: 14th March 1969.   ORDER Muhammad Ramzan son of Rehmat Ali, Gujjar, aged about 28 years, formerly employed as Lance Naik in the West Pakistan Rangers, Lahore, has been convicted by the Special Judge, Anti Corruption Establishment, Lahore, under section 161, P. P. C. read with section 5, subsection (2) of the Prevention of Corruption Act of 1947 and has been sentenced to pay a fine of Rs. 100. The convict has appealed against his conviction and sentence. The prosecution case against the appellant is that while employed in the West Pakistan Rangers, Lahore, as an enrolment clerk his duty was to prepare the list of recruits after preliminary examination of the applications and to submit it to higher officers for processing, interview and final selection. One Muhammad Nawaz (not produced) was, at the relevant time, a Foot Constable in the West Pakistan Rangers. He happened to visit his village and there on the 27th of July 1961, he came across Bahawal Bakhsh P. W. 1 of the neighbouring village who showed keenness to be enrolled in the West Pakistan Rangers as a foot constable. Muhammad Niwaz asked him to accompany him to the Head quarters and take some money with him. Bahawal Bakhsh P. W. had Rs. 250 with him when he accompanied Muhammad Niwaz to Lahore. At the Headquarters of the Rangers, the next day, Muhammad Niwaz obtained from Bahawal Bakhsh a sum of Rs. 120 telling him that it was to be paid to the person who was incharge of the recruitment. Muhammad Niwaz actually 'produced Bahawal Bakhsh before the appellant Muhammad Ramzan who in turn promised that Bahawal Bakhsh would be recruited. As during the next few days, Bahawal Bakhsh was not recruited, he became disappointed seeing the evasive attitude of Muhammad Niwaz. Ultimately he asked him to return his…