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)---Reappraisal of evidence---Accused denied to have accepted money as bribe from complainant, but said money was taken out by Magistrate from pocket of accused who tried to run away from premises of Courts and was apprehended---Such conduct of accused had gone a long way as a pointer towards his guilt---Passing of tainted currency notes was noted by Magistrate who saw the transaction while standing in the veranda, outside the Court----Prosecution, in circumstances, had established its case against accused beyond any shadow of doubt---High Court was justified in taking a lenient view on account of protracted trial which accused faced for more than eleven years and considering sentence already undergone for about a month to be sufficient to meet the ends of justice---Conviction of accused being justified on record of case, Supreme Court denied to interfere in of High Court in circumstances. ORDER SH. RIAZ AHMED, J.---Petitioner Muhammad Mehdi seeks leave to appeal against the judgment dated 23-10-1997 delivered by a learned Judge of the Lahore High Court in Chambers whereby an appeal preferred by the petitioner assailing his conviction on the charge under section 161, P.P.C., read with section 5(2) of the Prevention of Corruption Act, 1947, was dismissed. 2. The facts of the prosecution case in brief are that Muhammad Naeem complainant in this case, an employee of one Muhammad Aslam, who was running a medical store was hauled up in a case under the Hudood Ordinance. Raid was conducted on the said medical store and the petitioner, as head constable was Member of the said raiding party. Allegedly during the raid, 60 bottles of tincture and some opium were recovered. After investigation the petitioner and Muhammad Aslam were sent up to face their trial in a Court at Gujrat. It is alleged by the complainant Muhammad Naeem that the petitioner Muhammad Mehdi being a prosecution witness in this case demanded a bribe of Rs.200 from complainant Muhammad Naeem on the understanding that he would extend some help to him during the trial. The…

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