Law:

Section:

Prevention of Corruption Act (II of 1947)--S. 5(2)---Penal Code (XLV of 1860), S.161---Constitution of Pakistan (1973), Art.185(3)---Petition for leave to appeal---Complainant or other prosecution witnesses had no motive for false implication of accused in the case---Raid had been conducted by the Magistrate in whose presence the tainted money was taken out by the accused from his pocket and thrown on the ground---Copy of Jamabaridi prepared by the accused was seized by the Circle Inspector and produced in evidence---Statement made by accused before the Magistrate that the money had been thrusted into his waiste-coat pocket by the complainant was not believable---Fact that conversation between the complainant and the accused was not heard by the witnesses or that the tainted money did not pass in their presence was of no consequence in view of evidence led by the prosecution---Leave to appeal was refused in circumstances. Ehsanullah Khan Lilla, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioner. Nemo for the State. Date of hearing: 12th March, 1995. ORDER MAMOON' KAZI, J.---The petitioner was found guilty of commission of offence under section 161, P.P.C. read with section 5 (2) of the Prevention of Corruption Act, 1947, by the learned Special Judge, Anti-Corruption, Gujranwala and convicted accordingly. He was sentenced to three months' R.I. and to pay fine of Rs.500 or in default to undego further R.I.for one month. The petitioner filed his appeal against the said conviction and sentence before the Lahore High Court but the same was vide judgment dated 8-11-1993. 2. According to the case of the prosecution, complainant Muhammad Afzal (P. W.1) had requested the petitioner for issuing a copy of Fard Malqiat of his land situated in village Baduki Gusian for which the petitioner had demander a bribe for Rs.100 The matter was reported by the complainant to the Anti-Corruption Department vide F.I.R. (Exh.P.A.). Thereafter, M.M. Siddiq, Circle Officer, Anti-Corruption, Gujranwala, (P.W.2) got a raid party constituted from A.D.C. (G), Gujranwala. 3. On 23-12-1984, at about 1.00 p.m. the raiding party which was headed by Sohail Basit,…

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