Law:

Section:

Prevention of Corruption Act (11 of 1947)------S. 5(2)-Appeal to Supreme Court against conviction-Decision based on apprecia­tion of evidence and not vitiated in any manner-No interference by Supreme Court-Penal Code (XLV of 1860), S. 161. Nasim Hussan Shah, Advocate Supreme Court instructed by M. Siddiq, Attorney acting on behalf of Virasat Hussain Naqvi, Attorney for Appellant. S. A. Mahmud, Advocate Supreme Court instructed by Ijaz Ali, Attorney for the State. Date of hearing : 21st March 1957. JUDGMENT MUHAMMAD SHARIF, J.-This is an appeal ,by our special leave against the judgment and order of the High Court of West Pakistan, Lahore, dated the 15th May 1956, reversing, on appeal by the Government, the order of acquittal of the Special Judge, dated the 21st March 1955, and convicting the appellant under section 161, Pakistan Penal Code, read with section 5 (2) of the Prevention of Corruption Act, 1947, and sentencing him to one year's rigorous imprisonment and a fine of Rs. 100, or in default of three months' further rigorous imprisonment. The appellant was appointed an Enquiry Officer of Naulakha Ward from the 27th of April 1953. Serai Sultan was included within it limits. One Muhammad Rashid was running a hotel in Serai Sultan and was issued a ration card. Muhammad Amin complainant had acquired it on the 19th of April 1953 and on the 23rd of April 1953, he applied for the transfer of the ration card in his own name as the previous hotel-keeper, Muhammad Rashid, had gone away. The application was registered in the Food Controller's office on 27th of April 1953. The appellant made a report on the application on the 4th of May 1953 to the effect that the applicant could not draw ration on a card in the name of another person and that he should bring Muhammad Rashid to the office to have his statement recorded before the change could be made. But as this had not been done till the 4th of May 1953, the application was consigned to the record room. It appears that both the parties appeared subsequently as directed and the permit in the name of Muhammad Rashid was changed to that of Muhammad Amin on 7th of May 1953. It is alleged that Muhammad Amin had to pay…

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