Law: Pakistan Criminal Law Amendment Act (XL of 1958)

Section: 2(a), 5, 6(5)

(a) Pakistan Criminal Law Amendment Act (XL of 1958) Ss. 2(a) & 5-Accused previously, employee of Railway Department but subject of Railway later transferred to Provincial Government --Accused employee of Provincial Government at time of commission of offence - Trial of accused by Provincial Special Judge - Held, not irregular. (b) Pakistan Criminal Law (Amendment) Act (XL of 1958) S. 6(5)-Sanction for prosecution-Accused employee at no stage suspended, continuing to work in same post and same station through out-Sanction for prosecution initially refused by appropriate authority but later on accorded by authority not competent to reverse same -so as to accord sanction-Circumstances leading to conclusion that appropriate authority not inclined to accord sanction but doing so on advice of police-Sanction for prosecution, held, not valid and trial of accused vitiated on that score.-[Sanction for prosecution]. Dates of hearing: 11th March; 15th April; 6th, 12th, 30th May; 2nd and 8th July 1975.                                                                                                                                                                      JUDGMENT Muhammad Shafiq, Clerk in the office of Station Superintendent Railway,. Rawalpindi, was tried for accepting Rs. 20 as illegal gratification. Khan Muhammad Jan Khan, Special Judge, Anti-Corruption, Peshawar, Camp Rawalpindi, convicted him under section 161, P. P. C. read with section 5(2) of the Prevention of Corruption Act, 1947, and sentenced him to suffer R. I. for six months and to pay a fine of Rs. 200 or in default of its payment to further suffer R. I. for four months, vide his judgment and order passed on 7-1-1969. The convict has come up in appeal. 2. Briefly, the prosecution case as…