Law: Prevention of Corruption Act (11 of 1947)

Section: 4, 5(2)

Law: Pakistan Criminal Law (Amendment) Act, 1958

Section: 7(2)

Law: Penal Code (XLV of 1860)

Section: 161

(a) Prevention of Corruption Act (II of 1947) Ss. 4 & 5(2) and Pakistan Criminal Law Amendment Act (XL of 1958), S. 7(2)-Accused in possession of a valuable thing, not forming part of his legal remuneration -Presumption, that accused accepted such thing as a bribe unless he proves to contrary-Penal Code (XLY of 1860), S. 161. (b) Penal Code (XLV of 1860) S. 161 read with Prevention of Corruption Act (II of 1947), S. 5(2)-Plea of enmity with complainant raised by accused not proved-Story of complainant that money was demanded by accused (Patwari) in return for entering a mutation not disproved-Conviction maintained. Date of hearing : 18th June 1971.                                                                                                                           JUDGMENT The appellant Muhammad Hussain was Revenue Patwari of Islampur Circle in Tehsil Okara, District Sahiwal. He was con victed under section 161, P. P. C. read with section 5(2) of the Prevention of Corruption Act, 1947, and was sentenced to under go rigorous Imprisonment for four months. In addition a sentence of fine of Rs. 100 was imposed on him. In default of payment of fine, he was directed to undergo rigorous imprisonment for a further period of one month. 2. The evidence is that Ghulam Muhammad (P. W. 3) wanted the appellant to enter a mutation with regard to the land which the mother of the witness had inherited through her brother. The appellant demanded RF. 100 in the first instance and ultima tely agreed to accept its. 40. Ghulam Muhammad was not willing to pay the bribe and he approached Mr. Dil Muhammad (P. W. 5), Circle Inspector, Anti-Corruption at Sabiwal on Ist of December 1967, and told him that the appellant was demanding bribe from him. He was produced before Mr. Mahmoodul Hassan, Magistrate at Sahiwal. The learned Magistrate recorded the statement of Ghulam Muhammad…