Law:

Section:

Prevention of Corruption Act (II of 1947), S. 5-Bribery­ [Trap case]-Benefit of doubt-Accused, Government servant, alleged to have received tainted money as bribe, making no attempt to put it in his pocket, nor concealing it elsewhere but openly holding currency notes in his hand stepping out of his room into clerk's room and while proceeding in direction of his officer's room along with bribe giver caught by raiding party-Accused immediately informing Magistrate conducting raid that he was taking money as well as bribe-giver to report to his officer-Inference that accused was taking money and bribe giver to his officer to report against offence of offering bribe, at least as probable and reasonable as alternative version of prosecution-Conclusion of guilty, in circumstances, held, not the only or most reasonable conclusion-Accused acquitted in circumstances. Mahmud Ali, Advocate Supreme Court instructed by M. Siddiq & Co., Attorneys for Appellant. Mushtaq Ahmad, Advocate-General West Pakistan (Iftikharul Haq Khan, Advocate Supreme Court with him) instructed by Ijaz Ali, Attorney for the State. Dates of hearing : 31st October and 3rd November 1958. JUDGMENT CORNELIUS, J.-This appeal against a conviction under section 5 of the Prevention of. Corruption Act, 1947 is brought before the Court by one Abdul Rashid to whom special leave to appeal was given for the purpose of examining whether the courts below have drawn from the facts established, those inferences that legitimately followed in favour of the appellant. The case against him was a comparatively simple one. One Asif Ali to whom certain evacuee premises had been allotted under the description of "a room" found that when the "room" was opened it actually consisted of two rooms one behind the other. The previous occupant, sticking to the letter of the order of allotment, removed his goods to the back room leaving only the front room to be handed over to Asif Ali. This occurred at a formal delivery of possession which was carried out on the 24th July 1953, in the presence of the accused who was a Rehabilitation Inspector. Asif Ali's case was that immediately after when he protested regarding the back…

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