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)---Case was registered against the accused after thorough inquiry by the Anti-Corruption Department---Accused, who was a Sub-Inspector of Police, became a fugitive from justice and was proceeded against under S.87/88, Cr.P.C.---Prosecution had duly proved the charge against the accused of accepting illegal gratification of Rs.5,000 from the complainant---High Court had dismissed the appeal of accused after reappraisal of evidence---No material discrepancy could be pointed out in the prosecution case---Mere non-recovery of bribe money was not of any consequence in the facts and circumstances of the case---Impugned did not suffer from any legal infirmity--Leave to appeal was refused to accused by Supreme Court accordingly. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.--- The petitioner seeks leave to appeal against judgment dated 18-4-2003 passed by the Lahore High Court, Lahore, in Criminal Appeal No.1193 of 2001. 2. As a result of an inquiry on the complaint (Exh.P.C.) of one Allah Ditta, a case F.I.R. No.5 (Exh.P.I.) dated 3-5-1998 under section 161, P.P.C. read with section 5(2) of Prevention of Corruption Act, 1947 was registered, against the petitioner at Police Station, Anti-Corruption Establishment, Bhakkar. It was alleged therein by the complainant that 7/8 years back, he had purchased land with its physical possession from one Mehr Noor Muhammad for a consideration of Rs.3,00,000. However, in the year 1998, the said vendor forcibly took over possession of, the same in the absence of the complainant. Therefore, the complainant accompanied by Dildar Hussain P.W.3, approached the petitioner with an application who demanded and received a sum of Rs.5,000 from the complainant in order to proceed with the application. The petitioner arrested three persons along with fire-arms from the place of occurrence but released them soon thereafter. Therefore, the complainant Allah Ditta approached the Superintendent of Police, Bhakkar, under whose directions criminal case against vendor Mehr Noor Muhammad etc. was registered. The petitioner was tried…

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