| Citation(s) |
|---|
| 1975 SLG 3126 = 1975 SLD 3126 = 1975 PCRLJ 1132 |
Lahore High Court
Criminal Appeal No. 260 of 1974, decided on 12th June 1974.
Presented By: Gulbaz Khan, J
Akhtar Hassan Khan v. The State 1974 S C M R 199 ref. Sheikh Nisar Qutab for Appellant. Kh. Muhammad Asghar-I, for A.-G. (Punjab) for the State.
Criminal Appeal No. 260 of 1974, decided on 12th June 1974.
Presented By: Gulbaz Khan, J
Akhtar Hassan Khan v. The State 1974 S C M R 199 ref. Sheikh Nisar Qutab for Appellant. Kh. Muhammad Asghar-I, for A.-G. (Punjab) for the State.
MUHAMMAD ASGHAR-Appellant
VERSUS
THE STATE-Respondent
Law: Penal Code (XLV of 1860)
Section: 21, 161
Law: West Pakistan Water and Power Development Authority Act (XXXI of 1958)
Section: 19
Law: Prevention of Corruption Act (11 of 1947)
Section: 5(2)
(a) Penal Code (XLV of 1860) S. 21 and Water and Power Development Authority Act (XXXI of 1958), S. 19-Public servant-WAPDA employees performing function in connection with affairs of Province, held, public servants within meaning of S. 2 1, P. P. C. and S. 19 of Act (XXXI of 1958). Wali Muhammad v. General Manager, Electricity, WAPDA, Lahore and others P L D 1964 Pesh. 161 ref. (b) Penal Code (XLV of 1860) S. 161 and Prevention of Corruption Act (11 of 1947), S. 5(2) Accused a meter reader demanding bribe for installation of meter-- Cohention that removal or installation of meters not being his func tion S. 161, P. P. C. did not apply, held, had no force-Accused making complainant believe regarding restoration of his meter being within his power-Held : Sufficient to constitute offence. Date of hearing : 5th June 1974. JUDGMENT This appeal is directed against the judgment of Special Judge, Anti -Corruption, Lahore, dated 12-4-1974, whereby the learned Special Judge convicted Muhammad Asghar appellant under section 161, P.P.C., read with section 5(2) of the Prevention of Corruption Act, 1947 (Act II of 1947), and sentenced him to undergo rigorous imprisonment for nine months. 2. The detailed facts of the case are as following:- Mr. M. R. Abbas (P. W. 2) lived in house No. 18, Street No. 46, New Dharampura, Lahore. The electricity meter was in the name of his brother Mr. Z. A. Rehman Abbasi. The appellant asked Mr. M. R. Abbasi complainant two months before the present occurrence to fix his monthly amount and in lieu of that, he would issue bill of petty amount, but the complainant did not agree to it. He did not receive electricity bill for two months. He inquired from the appellant as to why he had not received the…