| Citation(s) |
|---|
| 2002 SLG 1471 2002 SLD 1471 2002 SCMR 1548 |
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal No.235/L of 2002, decision dated: 15-04-2002
ABDUL HAMEED DOGAR AND TANVIR AHMED KHAN, JJ
Muhammad Asghar Khan Rokhari, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners. Nemo for the State
Criminal Petition for Leave to Appeal No.235/L of 2002, decision dated: 15-04-2002
ABDUL HAMEED DOGAR AND TANVIR AHMED KHAN, JJ
Muhammad Asghar Khan Rokhari, Advocate Supreme Court with Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners. Nemo for the State
MUHAMMAD JAN, S.I and another
VS
THE STATE
Law:
Section:
Penal Code (XLV of 1860)--- ----S: 161---Prevention of Corruption Act (II of 1947), S.5(2) --- Constitution of Pakistan (1973), Art. 185(3)---Reappraisal of evidence---Illegal gratification---Special Judge convicted the accused persons and sentenced them to two years' imprisonment---High Court dismissed the appeal--Contention of the accused persons was that as they had registered a criminal case against a son of the complainant and the son was convicted by the Trial Court, therefore, the case was registered against them---Validity---Amount of illegal gratification was received by the accused persons in presence of the witnesses who had fully supported the stance of tile complainant---Conviction awarded by the Trial Court to the son of the complainant was set aside by the Appellate Court on 14-6-2000, and statement of the complainant was recorded on 19-6-2000---Grievance of the complainant qua implication of his son after acquittal of the son, had already been redressed---Judgment passed by High Court did not suffer from any legal infirmity---Leave to appeal was refused. ORDER TANVIR AHMED KHAN, J.---Leave to appeal is sought' against the judgment dated 5-3-2002 passed by a learned Single Judge of the Lahore High Court, Lahore, dismissing Criminal Appeal No.1728 of 2000 filed by the petitioners against their convictions and sentences recorded by the learned Special Judge Anti-Corruption, Sargodha Division, Sargohda, through' his judgment dated 27-11-2000, whereby they were convicted under section 161, P.P.C. read with section 5(2) of the Prevention of Corruption Act, 1947 and sentenced to two years' R.I. each with a fine of Rs.5,000 or in default to suffer further three months' simple imprisonment each. Benefit of section 382-B, Cr.P.C. was extended to them. Briefly stated facts of the case are that Bashir Ahmad (P.W.4) made complaint (Exh. P-A) on 19-12-1997 before the Additional Director Anti Corruption, Faisalabad, wherein certain allegations were levelled that the petitioners alongwith two others trespassed into his house and abused the Pardah-observing ladies; broke open the box and took away household articles as well as cash of Rs.4,500. Sons of the…
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