Law:

Section:

Constitution of Pakistan (1973)---Art. 185(3) read with Penal Code. (XLV of 1860), S. 161 and Prevention of Corruption Act (II of 1947), S. 5(2) Illegal gratifi¬cation Conviction of accused petitioner by Special Judge maintained by High Court Evidence produced by prosecution found to be sufficient to sustain conviction Statement of Magistrate, supervising paid, implicating accused corroborated by statements of other prosecution witnesses Appeal against conviction dismissed. JUDGMENT MIAN BURHANUDDIN KHAN, J. Appellant Muhammad Afzal was convicted under section 161, P. P. C. read with section 5(2) of the Prevention of Corruption Act, 1947, and sentenced to R. I. for one year on each count, by the learned Special Judge, Lahore vide judgment dated 30 6 1971. The sentences on both counts however, were ordered to run concurrently. Appeal before the High Court was dismissed but as both the offences were identical under the aforesaid two sections, conviction of the appellant under section 161, P. P. C. only was maintained and his sentence was reduced to fine of Rs. 1,000 in default, R. I. for six months. Petitioner filed a petition seeking leave to appeal against the impugned judgment of the Lahore High Court dated 9 6 1975, and leave was granted by this Court vide order dated 17 1 1978. 2. The appellant was posted as a Clerk in the office of the District Food Controller, Gujrat in the year 1968. Muhammad Sadiq complainant (P. W. 1) was running a rice buskin' machine in Lala Chak which was sealed by the officials of the Food Department for being without license. It is alleged that the appellant contacted the complainant and informed him that if he (complainant) could pay him Rs. 100 he would allow the operation of the machine sealed by the Department. The complainant accordingly made the payment and the appellant removed the seal of the machine and the complainant started its operation. After about 12 days the accused/appellants visited the complainant who gave him about 10 seers of rice. After about another 10/ 12 days the complainant learnt that the officials of the Food Department had removed the machine to Gujrat so he contacted the appellant who demanded Rs. 200…

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