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Prevention of Corruption Act (11 of 1947)----S. 5(2)--Penal Code (XLV of 1860), S.161--Constitution of Pakistan (1973), Art. 185 (3)=-Petition for leave to appeal against conviction for accepting illegal gratification--High Court had set aside conviction under S.5(2) of Prevention of Corruption Act, 1947 but had maintained conviction under S.161, Penal Code-­Convict's only plea in support of his petition for leave was that he being a mere record-keeper in the Department was not in a position to show any favour to complainant in any manner and thus his case did not fall within provisions of S.161, Penal Code--Held, question whether petitioner was or was not in a position himself to show favour to complainant was immaterial for inter alia, S. 161, Penal Code makes it an offence for any public servant to accept illegal remuneration as a motive for rendering or attempting to render any service with any public servant--Convict's conviction thus did not suffer from any legal infirmity--Leave refused. Akhtar Hussain Khan v. State 1974 S C M R 199 ref. ORDER SAAD SAOOD JAN, J.--The petitioner was a record-keeper in the office of the Income-tax Department at Bahawalpur. He was arrested by a raiding party headed by a Magistrate while accepting Rs.300 as illegal gratification from Amir Ali (PW-1), a timber merchant of Bahawalpur. After a regular trial, he was convicted of an offence under section 161 of the Pakistan Penal Code, read with section 5 (2), Prevention of Corruption Act, by the Special Judge (Central) and was sentenced to suffer rigorous imprisonment for a period of one year. On appeal, the High Court set aside his conviction under section 5 (2), Prevention of Corruption Act, but…

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