Law: Prevention of corruption Act, (II of 1947)

Section: 4

Law: Criminal Procedure Code (V of 1898)

Section: 540

(a) Prevention of Corruption Act (II of 1947), S. 4-Presump lion-Bribe case-Moment money shown to have passed to accused through decoy witness a presumption arises under S. 4 that money was received as illegal gratification-Presumption, however, not absolute but rebuttable. (b) Criminal Procedure Code (V of 1898), S. 540-Defence witness given up by accused but Court considering his evidence necessary and examining him as Court witness- Statement of witness however, not helpful to accused-Accused later getting trace of relevant documents, getting copies and summoning witness for con frontation-Further examination of witness, held, proper to circum stances-Case remanded for production of documents and examina tion of connected witnesses. The main purpose of the entire judicial proceedings is to find out the truth, to arrive at a correct decision and to see that an innocent person is not punished merely because of certain technical omissions on his part or on the part of his counsel. Date of hearing : 20th February 1973.                                                                                                                         JUDGMENT This revision by Muhammad Sarwar Naseem is directed against the order of Mr. Hasan Nawaz, Special Judge, Anti -Corruption. Lahore dated 1-2-1972 whereby he rejected the petitioner's application praying to lead the additional evidence in his defence or, in the alternative, to call the Secretary, Union Committee Ward No. 41 to be examined as a Court witness alongwith the record pertaining to the cases of Niaz Gul Khan. 2. The facts leading to the application are that Muhammad Sarwar Naseem petitioner was accused of an offence under section 161, P. P. C. read with section 5(2) of the Prevention of Corruption Act, 1947. The case was instituted on the complaint of Muhammad Sadiq, P. W. 2. The allegations against the…