Law: Pakistan Penal Code, 1860

Section: 114

Penal Code (XLV of 1860)---Ss. 114, 161, 165-A, 170 a 420--Prevention of Corruption Act (II of 1947) , S . 5(2)--Evidence, appreciation of--No direct evidence establishing that accused having impersonated, misrepresented themselves as traffic constables and extorted money from truck drivers--Presence of accused at place of occurrence at relevant time also doubtful--Conviction found to be based on hearsay evidence-­Conviction set aside and appeal accepted in circumstances. Chutto v. State P L. D 1958 Kar. 1.8 ref. ORDER Ashiq Hussain and Muhammad Ashraf Constables, were tried by Special Judge, Anti-Corruption, Multan, on the allegation that on 21-3-1977 they were found wearing uniform of Traffic police and checking the traffic unlawfully without being assigned any traffic duty and then demanded and accepted Rs.20 each from three truck drivers as illegal gratification by inducing them to deliver Rs.20 each dishonestly, by misrepresenting that they were of Traffic police and had the authority to check them, while their co-accused Muqarrab Khan allegedly abetted .them. The learned trial Judge by his order, dated 26-7-1980 convicted Ashiq Hussain and Muhammad Ashraf under sections 170, 161, P.P.C. read with section 5 (2) of Prevention of Corruption Act, 1947, and section 420, P.P.C. and sentenced them to rigorous imprisonment for one month on each count. Similarly, Maqarrab Khan was convicted under sections 165-A and 420, P.P.C. read with sections 114 and 170, P.P.C. and sentenced him to undergo rigorous imprisonment for one month on each count. The sentences were ordered to run concurrently. 2. The convicts have challenged both their conviction anti sentences through this appeal. 3. Briefly stated the facts of the case as deposed by Mahmood Bakhsh Anjam, Inspector Police (P.W.9) are that on 21-3-1977, he was returning from Sarai Sadhhu and going to Khanewal alongwith Syed Mehmood Hassan Ali, Magistrate Section 30, Muzaffargarh (P.W.6), Raja Muhammad Basharat, S.I., S.H.O. Police Station Kabirwala (P.W.8), Hafeez Ullah A.S.I. (P.W.4), Khan Gul P.W. (given up) and Ghulam Sarwar Constable (P.W.7), after performing law and order duty at Sarai Sadhhu. Muhammad Anwar…

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