Law: Penal Code (XLV of 1860)

Section: 161

Law: Prevention of Corruption Act (11 of 1947)

Section: 5(2)

Penal Cods (XLV of 1860) S. 161 read with Prevention of Corruption Act (11 of 1947), S. 5(2) -Neither raiding Magistrate nor Inspector seeing passing of money nor hearing tall: between accused and complainant Complainant stating recovery of money as not made from accused's person, and contradicting statements of prosecution witnesses Money, stated by accused before committing Magistrate to have been returned in respect of a loan--What transpired between accus ed and complainant not known-Case held, not proved beyond doubt-Conviction and sentence set aside in circumstances. Date of hearing : 23rd October 1974.                                                                                                                             JUDGMENT This appeal is directed against the judgment of learned Special Judge, Anti-Corruption, Peshawar, dated ist May 1968, whereby Muhammad Sadiq appellant was convicted under section 161, P. P. C. read with section 5(2) of the Prevention of Corruption Act. 1947, and sentenced to undergo rigorous imprisonment for six months and a fine of Rs. 200 or in default in payment of fine, to undergo further rigorous imprisonment for two months. 2. The appellant was posted as Patwari Halqa, Chhent, Tehsil Kahuta in the month of July 1967. Muhammad Zakir complainant wanted copies of fard and akas shajra of his land. He contacted the appellant, who demanded Rs.40 as illegal gratification. The complainant informed the Circle Officer, Anti-Corruption Establishment, Rawalpindi, on 24th July 1967. A raiding party was constituted. Mr. Anis Sadiq, Magistrate, was deputed to supervise the raid. Statement of Muhammad Zakir complainant was recorded by the Magistrate. Muhammad Zakir produced three currency notes of the denomination of Rs. 10 each and two of the denomination of Rs. 5 each, before the Magistrate and the Magistrate returned the…