Law: Prevention of Corruption Act (II of 1947)

Section: 5(a),5(2)

  Witness Prosecution witness-----All witnesses need not be examined by prosecution.   Prevention of Corruption Act (II of 1947)---Ss. 5(a) & 5(2)-Corruption case initially registered under Martial Law Regulation-Investigation by Sub-Inspector of police-Defect, held, did not affect jurisdiction of trial Judge nor conviction of accused.   The Crown v. Mehr Ali P L D 1956 S C (Pak.) 106 rel.     Date of hearing: 6th July 1964.   JUDGMENT   This is an appeal by Altaf Hussain Shah, who has been convicted and sentenced to imprisonment till the rising of the Court and a fine of Rs. 300; or in default to undergo rigorous imprisonment for six months under section 161, P. P. C. read with section 5 (2) of Act II of 1947.   Briefly stated the case for the prosecution was that the appellant, who was an A. S. I., Railway Police atKarachi, Cantt., Railway Station, removed the badge of Abdul Ghafoor coolie without any reason and he passed it on to Pir Ali, Jamadar of the Coolies. Abdul Ghafoor thus remained out of job for about three weeks and whenever he demanded back his badge the appellant told that it would be returned only if he was paid Rs. 100 as illegal gratification. Abdul Ghafoor pleaded his poverty and ultimately the appellant agreed to accept Rs. 40. On the 13th of August 1960 Abdul Ghafoor made a complaint Exh. 2/1 to the Deputy Superintendent of Police, Karachi, mentioning these facts on the basis of which F. I. R. No. 60 was registered. Vide mashirnama Exh. 2/2, the person of Abdul Ghafoor was searched and nothing was found except his wearing apparel. Four currency notes were handed over to him by the Anti-Corruption, Police Officer, in presence of Ghulam Rasool and Kalander Khan mashirs for the purpose of passing them on to the appellant as illegal gratification. Mr. Muhammad Rauf-ul-Hassan, Sub-Inspector, S. P. E., Karachi, prepared this mashirnama. A raiding party was formed by the Sub-Inspector and they came to the railway station where Abdul Ghafoor paid the tainted money to the appellant, who told Abdul Ghafoor to go and get his badge from the Jamadar. The appellant then went to the Third Class Booking, Ladies…