Law:

Section:

Penal Code (XLV of 1860)-------Ss. 161 & 65-Sentence in default of fine for more than 9 months cannot be imposed. Shah Muhammad Rahman Ansari, Advocate Supreme Court instructed by Virasat Hussain Naqvi, Attorney for Appellant (in Criminal Appeal No. 33/58). M. Z. Kitchlew, Advocate Supreme Court instructed by Ijaz Ali, Attorney for the State (in Criminal Appeal No. 33/58). M. Z. Kitchlew, Advocate Supreme Court instructed by Ijaz Ali, Attorney for Appellant (in Criminal Appeal No. 34/58). Shah Muhammad Rahman Ansari, Advocate Supreme Court instructed by Virasat Hussain Naqvi, Attorney for Respondent (in Criminal Appeal No. 34/58). Date of hearing : 2nd December 1958. JUDGMENT AMIRUDDIN AHMAD, J.-These are two appeals by special leave of this Court from an order of the High Court of West Pakistan, Karachi Bench, allowing the appeal of Muhammad Ali, who is the appellant in Appeal No. 33 of 1958, and respondent in Appeal No. 34 of 1958, in part, by which it upheld his conviction but reduced the sentence of fine imposed on him from Rs. 500 to Rs. 50, Muhammad Ali questions his conviction and the State has appealed for enhancement of the sentence. The appellant in Appeal No. 33 of 1958 was tried on a charge of accepting an illegal gratification of Rs. 50 from one Rehmat as a reward for having shown him favour in getting his arrears pay bill of Rs. 962' 15 passed and paid to him early. This appellant was the Sub-head in the arrears section of the Accounts Branch under the Divisional Accounts Officer, North Western Railway, Karachi. The duty of the appellant was to pass supplementary bills of the employees: On the 16th or 17th July 1955, Rahmat complained to the Divisional Personnel Officer that his bill was not being passed by the dealing clerk and the Sub-head and that they wanted bribe from him. The matter was then reported to the Railway Magistrate, who agreed to witness the passing of the money. A trap was proposed to be laid for the purpose, but money was promised to be paid after the amount of the bill was received. As on account of some slight error the bill could not be passed before 26th July on which date the officers could not contact the Magistrate,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492