Law: Penal Code (XLV of 1860)

Section: 161

Law: Prevention of Corruption Act (II of 1947)

Section: (2)

Penal Code (XLV of 1860) S. 161 read with Prevention of Corruption Act (II of 1947), S. S (2)-Bribe--[Trap case]-None of prosecution witnesses overhearing conversation passing between complainant and accused Immediately before acceptance of tainted money by accused-No other witness either to demand of bribe or to acceptance thereof-Accused declining to accept bribe money when offered by complainant in morning in accused's office and suggesting to receive same in evening at complainant's residence-Complainant however, making improvements at trial to show reason for non acceptance of bribe money by accused in morning-Prosecution, held, failed to prove case against accused beyond reasonable doubt, in circumstances-Conviction set aside. Dates of hearing : 4th and 7th April 1972.                                                                                                                         JUDGMENT Maqsood Ahmad, aged 45 years, was employed as an Assistant in the Animal Husbandry Branch of the Agriculture Department, Civil Secretariat, Lahore. He was tried by the learned Special Judge, Anti-Corruption, Lahore, for an offence under section 161, P. P. C. read with section 5 (2) of the Preven tion of Corruption Act, 1947. The learned trial Judge found him guilty by his judgment dated 30-6-1970 and sentenced him to one year's R. I. and a. fine of Rs. 1,000. In default of payment of the fine he was ordered to undergo another four months' R. I. He has coma up in appeal against his conviction and sentence. 2. The facts of the prosecution case briefly stated are that Dr. Muhammad Ahmad, the brother of Munir Ahmad Kamal P. W. 3 was posted in the office of the Assistant Director, Animal Husbandry, Lahore. In early 1966 he returned from U. K. after successfully completing a two years study course of higher education in Animal Husbandry. In view of the higher…