Law:

Section:

Prevention of Corruption Act (Il of 1947)--- ----S. 5(2)---Penal Code (XLV of 1860), S.161---Appreciation of evidence--- Prosecution witnesses (bribe givers) had animus against the accused and being accomplices, their testimony could not prove a basis for conviction unless corroborated by an independent source which was not available in the case--­Witnesses even did not know the time, place and year of deman4 and acceptance of illegal gratification---Real brother of one bribe giver had not supported the version of prosecution witnesses---Accused was acquitted, in circumstances. JUDGMENT Liaqat Ali son of Ahmed Ali aged 38 years, a Patwari, was sent to face the trial by the Anti-Corruption Establishment, Sheikhupura, under section 161, P.P.C. read with section 5, subsection (2) of Prevention of Corruption Act, 1947. The learned Special Judge, Anti-Corruption, Lahore, convicted the appellant under section 161, P.P.C. and under section 5, subsection (2) of Prevention of Corruption Act, 1947 and sentenced him to two years R.I. with a fine of Rs.40,000, in default of payment of fine to further undergo six months R.I. . 2. The background, in brief, of the case is that in the year 1984-85 the consolidation proceedings were going on in the village Kakripur, Tehsil Ferozewala, District Sheikhupura. Liaqat Ali Patwari was posted there during the relevant time. The numerous landowners, during the said proceedings, made complaints to the Commissioner concerned, Member, Board of Revenue, Punjab, and as well as to the Minister for Revenue, stating therein that the said Patwari by abusing his official position as a public servant, demanded and accepted as bribe Rs.10,000, Rs.7,000, Rs.9,000, Rs.16,000 and Rs.6,000 from Muhammad Sarwar, Akbar Ali, Muhammad Aslam, Sher Muhammad and Muhammad Ishaque respectively, for showing favour while exercising his official capacity by giving them superior land in lieu of their inferior land. The matter was referred to A.D.C.(C.), Lahore/Sheikhupura. The enquiry thereafter was entrusted to Mr. Muhammad Ilyas, Consolidation %cer, Lahore Cantt. who after enquiring into the matter thoroughly, made a report Exh.P.W.6/1 stating that prima facie…

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