Law: Sales Tax Act, (III of 1951)

Section:

Constitution of Pakistan (1973)--Art.185(3)--Penal Code (XLV of 1860), 5.161--Prevention of Corruption Act (II of 1947), S.5(2)--Case involving question of replacement of evidence--Courts not found to have used such a yardstick for refusing statement of one witness over other as might be open to exception or objection on legal plan--Leave to appeal refused. ORDER SHAFIUR RAHMAN, J.--The petitioner formerly a Reader in the Court of Civil Judge, Lahore seeks leave to appeal against the judgment of the Lahore High Court dated 10-10-1977, whereby the appeal filed by him against his conviction and sentence under section 161, P.P.C., read with section 5(2) of the Prevention of Corruption Act, was dismissed. 2. The prosecution case against the petitioner was that in June, 1975 he was posted as Reader in the Court of titian Abdul Qayyum P.W. 4 Civil Judge, Lahore. Tahir Mobeen P.W.1, the complainant, a clerk in the High Court Registry at Lahore, was prosecuting an application for succession certificate filed by Mat. Nasim Begum, his relative. The matter was pending in that Court. The complainant was interested in obtaining earlier disposal of the matter and in getting short adjournments if at all they become necessary. For showing the file to him the petitioner allegedly asked for illegal gratification which the complainant reported to the Anti-Corruption Department. Mr. Muhammad Nasim Sipra, Magistrate and the currency notes of Rs.20 were handed over to the complainant who delivered it to the petitioner and the Magistrate got it recovered from under the pad on the table occupied by the petitioner on 7-6-1975 on which date the Presiding Officer of the Court happened to be on leave. The usual proceedings were taken and the petitioner was tried. His defence was that he, had neither demanded nor obtained any illegal gratification in that case which was a quarrel between him and the complainant over what the complainant considered to be a long adjournment granted in the case. He stated that he was falsely implicated due to the altercation which took place before the raid and that the tainted money was placed under the pad without his knowledge. In defence he produced seven…

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