Law:

Section:

Keywords: Testimony, Copies, Property, Imprisonment, Offences, Money, Evidence, Guilty, Defence, Prosecution, Conviction, Investigation, Magistrate, Prevention, Office, Fine Result: Appeal accepted JUDGMENT The appellant Muhammad Yousaf has been convicted under section 161, P. P. C. and 5(2) of the Prevention of Corruption Act and sentenced to imprisonment till rising of Court and fine of Rs. 500.00 or in default rigorous imprisonment for one year. He has filed this appeal. 2. The facts of the prosecution case briefly are that Nasir Hussain, a clerk of one Hashmi Advocate had made an applica tion Exh. 14 for extracts of property No. B-2088-9 & 18 and 19 to the appellant who was City Surveyor. On 18th March 1965, Nasir Hussain told the appellant to give him copies on which the appellant told him that he would do so if he paid Rs. 15 to him as bribe. Nasir Hussain agreed to pay him Rs. 15 and told him that he would come to him after sometime and that he should in the meantime prepare the copies. Nasir Hussaia then straightaway went to the Anti-Corruption Police and complained to them. He was then taken before a Magistrate who recorded his statement. The police officer also gave him two notes, one of Rs. 10 and other of Rs. 5 after taking his search for which Mashirnama Exh. 4 was made. Then as per the plan Nasir Hussain went to Muhammad Yousaf appellant in his office and asked him if he had prepared the copies. The appel lant told him that he had done so and demanded Rs. 15 as bribe. Nasir Hussain gave him Rs. 15 after which the appellant had given him copies of the extracts Exhs. 8 to 12. Nasir Hussain then gave the appointed signal on which the police officer and mashirs Bashir and Abdul Shakoor came there. In the meantime, the appellant was called by the District Magistrate. After he came back he was searched. Rupees 75.00 which belonged to him, were secured from his person. Tainted money (Rs. 15) was then recovered from the drawer of his table for which Mashirnama Exh. 5 in the presence of the same mashir was made. Mr. Abdul Majid, Second Class Magistrate P. W. 1 prepared this mashir nama. Then after completing the usual investigation and obtain ing the…

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