Law:

Section:

Penal Code (XLV of 1860), S. 161-Bribery-Benefit of doubt-Charge of obtaining illegal gratification on promise of getting more money, for Union from Government-Prosecution witnesses and accused sailing in same boat and conclusion unavoid­able that part of amount paid to accused for execution of Union's work was utilised by prosecution witnesses for their own benefit either in conjunction or with active connivance of accused-No independent corroboration forthcoming in material respects-Criminal conviction, held, not safe on tainted evidence of one against other-Accused given benefit of doubt and acquitted. S. A. Ghani, Advocate Federal Court instructed by Abdul Hye, Attorney for Appellant. Aziz-ul-Islam, Advocate Federal Court instructed by A. N. M. Nasiruddin, Attorney for the Crown. Date of hearing : 15th February 1956. JUDGMENT MUHAMMAD SHARIF, J.-This is an appeal by our special leave. The appellant was convicted by the Special Judge, Rajshahi, under section 161, Pakistan Penal Code, and sentenced to two years' rigorous imprisonment and a fine of Rs. 1,000. On appeal, the High Court at Dacca by their judgment and order, dated the 8th of June 1955, dismissed the appeal, but the conviction was altered to one for an attempt to obtain illegal gratification, as the charge of actual payment of money was not found established and the sentence was consequently reduced to one year's rigorous imprisonment and a fine of Rs. 500. The present appeal is against this order. For the preservation and repair of the embankments in Khulna District local committees were constituted by the appellant who was an Inspector of the Civil Supplies Department at Rajshahi and was appointed as Relief Officer or Supervisor in charge of Lata Union for the purpose. In the course of distri­bution of Government money for the above object, it is alleged that the appellant while advancing Rs. 2,000 to the Hari Bandh Committee on 9th of February 1952 obtained Rs. 500 for himself and Rs. 50 for his peon as illegal gratification on the promise of getting more money for the Union from the Government. It is further alleged that sometime after (the period is not specified) Abani Kanta Roy, the…

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