Case Details

Citation(s)
1985 SLG 246 1985 SLD 246 1985 PLD 225
Supreme Court of Pakistan
Criminal Petition for Special Leave to Appeal No. 55 of 1985, decision dated: 26-02-1985.
ASLAM RIAZ HUSSAIN AND SHAFIUR RAHMAN, JJ
Talib H. Rizvi, Advocate Supreme Court and S. Ali Imam Naqvi, Advocate-on-Record. Nemo.

MUHAMMAD RAFIQ

VS

THE STATE

Law:

Section:

(a) Penal Code (XLV of 18601-- Ss. 162 & 163-Private person taking gratification for himself or for any other person, as a motive or reward for exercising influence with a public servant so as to induce him to show favour to person from whom bribe is received, held, punishable under Ss. 162 and 163, P. P. C.-Prevention of Corruption Act (II of 1947), Ss. 5(1)(2) & 9. Syed Ziaul Hassan Zaidi v. The State 1971 P Cr. L J 1056 and Wahid Bukhsh v. The State 1976 P Cr. L J 361 distinguished. (b) Prevention of corruption Act (II of 1947) -- Preamble & S. 5(1)(2)-Object of Act- Offences under Act are contained in S. 5(1) and only relate to demand or acceptance of bribe by public servants and are punishable under S. 5(2).-Interpretation of statutes]. (c) Pakistan Criminal Law Amendment Act (XL of 1958) -- Preamble, Ss. 2(b), 3, 5(1) & Sched. (a) & (c)-Penal Code (XLV of 1860), Ss. 161 to 166 -Prevention of Corruption Act (11 of 1947), S. 5-Object and Scope of Act, 1958-"Public servant"-Definition Appointment of Special Judge to try offences punishable specified in Schedule to Act 1958-All offences specified in Schedule to Act 1958 to be tried exclusively by a Special Judge not withstanding anything contained in Criminal Procedure Code; 1898 or any other Law-Schedule to Act, 1958 includes offences punishable, inter alia, under Ss. 161 to 166, P. P. C. and offence punishable under Prevention of Corruption Act, 1947 and attempts and abetments and conspiracies.-[Words and phrases --Interpretation of statutes]. (d) Pakistan Criminal Law Amendment Act (XL of 1958) - S. 5(l) & Sched.-Penal Code (XLV of 1860), S. 162-.Offence under S. 162, P. P. C. though not committed by a public servant, held, was exclusively triable by a Special Judge Anti-Corruption. ORDER ASLAM RIAZ HUSSAIN, J.-Muhammad Rafique, petitioner seeks leave to appeal against the judgment dated 23-12-1984 of a learned Single Judge of the Lahore High Court, dismissing his Criminal Appeal (No. 1050 of 1980). 2. Facts leading to the petition are, briefly, that Muhammad Rafique petitioner who was not a Govt. employee was working as an assistant to Abdul Hameed Patwari in order to learn the…
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