| Citation(s) |
|---|
| 1996 SLG 1367 1996 SLD 1367 1996 PLD 271 |
Lahore High Court
Criminal Appeal No. 390 of 1992, heard on 18th october, 1995.
CH. MUHAMMAD NASIM, J
Barrister Naseem Sabir Chaudhry for Appellant. Khawaja Shaukat Ali for the State.
Criminal Appeal No. 390 of 1992, heard on 18th october, 1995.
CH. MUHAMMAD NASIM, J
Barrister Naseem Sabir Chaudhry for Appellant. Khawaja Shaukat Ali for the State.
MUHAMMAD ZAFAR --Appellant
VS
THE STATE --Respondent
Law:
Section:
Prevention of Corruption Ad (II of 1947)- ---- S. 5 --- Penal Code (XLV of 1860), S. 161 --- Appreciaton of evidence--Nothing was available on record about the alleged demand or settlement of bribe except the statement of the complainant --- Raiding Magistrate and the Circle Officer had not seen the passing of money and had not held the talk between the accused and the complainant at the relevant time --- Possibility of the defence raised by the accused being correct could not be ruled out --- Accused was entitled to take contradictory stands and such aspect of the matter could not bolster up the prosecution case --- Accused was acquitted on benefit of doubt in circumstances. Muhammad Sadiq v. The State 1975 PCr.LJ 1286; Muhammad Ranizan v. The State 1976 PCr.LJ 273 and Khursheed Ahmad Zaidi v. The State PLD 1983 Lah. 514 ref. JUDGMENT Riaz Ahmad Inspector/Circle officer recorded the statement Exh. PJ of Muhammad Sadiq complainant P.W.2 at F.I.R. No. 10 dated 29-5-1991 at Anti Corruption Establishment, Gujranwala under section 161, P.P.C. and under section 5 of the Prevention of Corruption Act, 1947. Muhammad Sadiq alleged that he had to obtain a certified copy of Khasra Girdawari from Muhammad Zafar Patwari Halqa Adil Garh wholdernanded Rs.200 as illegal gratification. Riaz Ahmad Inspector/Circle Officer P.W,3 went to Gujranwala. He filed the application Exh.PK before the A.D.C.(G), Gujranwala for giving him the assistance of some Magistrate to raid the aforesaid public servant and the Duty Magistrate, vide order dated 29-5-1991, was directed to do the needful. Ch. Muhammad Fazal, Magistrate Ist Class P.W.1 was the Duty Magistrate who started the proceedings. He recorded statement Exh.PA of Muhammad Sadiq complainant P.W.2 in the aforesaid terms that the illegal gratification of Rs.200 was being demanded by Muhammad Zafar Patwari for the delivery of the certified copy of the Khasra Girdawari. Currency Note P-1 bearing No.BAB 1350750 and P.2 bearing No.BAB 2350751 were signed and were handed over to Muhammad Sadiq complaint P.W.2. In this respect memorandum Exh.PB was prepared. The. raiding party reached a mosque in Gakhar Mandi, District Gujranwala where on…
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