Law:

Section:

(a) Criminal Procedure Code (V of 1898), S. 431-Appeal, abatement of-Accused- appellant sentenced- to imprisonment and fine dying during pendency of appeal-Appeal, held, did not abate and legal heirs of deceased-appellant could challenge conviction on merits. (b) Penal Code (XLV of 1860), S. 161 read with Prevention of Corruption Act (11 of 1947), S. 5(2)-Bribery-[Trap case]­Accused, doctor in public service, charged for accepting illegal gratification. in lieu of countersigning duplicates of lost cash memos and payment receipts-Recovery by trap of tainted cash memos. and receipts and currency notes admitted but amount recovered pleaded to have been paid not as illegal gratification but on account of sums due for services rendered in past-Informant-complainant having no motive to falsely implicate accused-Accused not giving satisfactory explanation of receipt of tainted money when questioned by Magistrate conducting raid-Account of sums due from com­plainant as given by accused discrepant and diary produced in its support appearing to have been put up with fabricated entries-­Conviction and sentence maintained in circumstances. Per-Cornelius, J.,[contra] (c) Penal Code (XLV of 1860), S. 161 read with Prevention of Corruption Act (11 of 1947), S. 5(2)-Bribery-[Trap case]--­Accused, doctor in public service, trapped with tainted money pleading to have received amount in lieu of debt due to him and not as illegal gratification-Complainant's official superior and some companion clerks examined In defence admitting that accused used to allow credit to low paid officials until they recouped amount from treasury on presentation of bill-Entry showing complainants' debt contained in diary produced only next day of accused's arrest incapable of being forged-Evaluation of prosecu­tion and defence case on merits making out reasonable possibility that money was received in lieu of debt-Accused, held, entitled to acquittal. Safadar Ali's case 1952 F C R 238 rel. Rafique Ahmad, Advocate Supreme Court instructed by Siddique & Company, Attorneys for Appellants. Jamil Hussain Rizvi, Advocate-General West Pakistan (Ata­ullah Sajjad, Advocate Supreme Court with him) instructed…

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