Law:

Section:

Criminal trial-Assessing guilt of accused-Defence version, and its supporting evidence and circumstances should be placed in juxtaposition to prosecution case, and prosecution case to be J examined side by side with defence case.   Safdar Ali v. The Crown P L D 1953 F C 93 and Mir Ahmad v. The State P L D 1962 S C 489 ref.   JUDGMENT   The appellant has been convicted by the learned Special Judge, Hyderabad, on 11-12-1961, under section 5 (2) of Act II of 1947 and sentenced to undergo twelve months' rigorous im prisonment and to pay a fine of Rs. 500 or in default to undergo rigorous imprisonment for three months.   The prosecution case briefly put is as under   The appellant Abdullah Khan was Assistant Sub Inspector of Police and was postedat Waggan Police Out Post when the incident is said to have taken place. It is said that he received an application by one Hatoo Memon to take security proceedings against the complainant Ali Hasan. The appellant sent for Ali Hasan on 14th July 1960, and threatened to take action against him unless he paid him a sum of Rs. 100. On 19th July 1960, Ali Hasan called on the Anti-Corruption Inspector Muhammad Ayub Khan and gave his story about the money that the appellant had demanded from him. A trap was arranged by the Inspector Muhammad Ayub who along with Head Munshi Mr. Muhammad Amin, Head Constable Mohammad Sulleman, complainant Ali Hasan and two mashirs Mohammad Ibrahim and Ali Muhammad, went to Waggan Police Station. Muhammad Amin marked the currency notes and gave them to Ali Hasan. The appellant was not in the police station at about 7 p.m. The appellant was seen coming along with his brother Shabban who was also arrested but later on acquitted. Ali Hasan went to them and gave them the marked currency notes which were tied in handkerchief. The Inspector and the party rushed towards the appellant. Abdullah Khan passed on the money to his brother Shabban and asked him to run away but he was, however, arrested then and there. The party then proceeded along with the appellant to the police station. It is said that the appel lant after some time slipped away from the police station. The…