Law:

Section:

(a) Criminal Procedure Code (V of 1898), Ss. 234, 235 & 239 Offence under S. 161, Penal Code (XLV of 1860) distinct and dissimilar from one under S. S (2), Prevention of Corruption Act (II of 1947) Three offences under S. 161 combined with three offences under S. 5 (2) Combination illegal. Offences under section 161 of the Penal Code, 1860 and under section 5 (2) of the Prevention of Corruption Act, 1947 are distinct and dissimilar offences. More than three offences cannot be combined in one trial, either under sections 234 or 235 or 239 of the Criminal Procedure Code, 1898. Where, therefore, three offences of bribery under section 161 of the Penal Code, 1860 had been combined with three offences under subsection (2) of section 5 of the Prevention of Corruption Act, 1947, it was held that such a combination was not permitted by the Criminal Procedure Code, 1898 and was illegal. Arshedali Khan v. The State P L D 1960 Dacca 412 fol. Crown v. Ghulam Muhammad P L D 1950 Lah. 479 rel. (b) Retrial When to be ordered. Retrial is not and should not be treated as a method for enabling the prosecution to improve upon the evidence which was led at the original trial nor should it be resorted to for giving the prosecution a second opportunity of getting the accused persons convicted. But the question as to whether there should or should not be a retrial should be based upon an assessment of the evidence already on the record. If that evidence does disclose with reasonable certainty that an offence has been committed, then the accused should not be allowed to go scot free merely on a technical ground which renders the trial itself bad. THIS JUDGMENT DELIVERED BY: RAHMAN, JUSTICE---.--- These two appeals have been heard together although they do not arise out of the same trial. The accused in both the cases is the same. The case against him was that as President of the Ghorashal Union Board he had on or about the 17th of Sraban, 1362 B. S., corresponding to 3rd or 4th of August, 1955, illegally demanded and accepted a bribe of Rs. 2 from various persons resident within the said Union, as an illegal gratification for endorsing their respective ration cards to enable them…

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