Dr. Ghulam Hussain vs The State — 1971 SCMR 35

Citation: 1971 SCMR 35

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Headnotes

Case cited as 1971 SCMR 35

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Muhammad Shahabuddin, Alvin R. Cornelius, Muhammad Munir, Dr. Sheikh JUDGMENT Reported As: 1971 SCMR 35 Result: Appeal dismissed Judgment JUDGMENT S. A. RAHMAN, J.-Dr. Ghulam Hussain was convicted by a Special Judge under section 161, Pakistan Penal Code read with section 5 (1) of the Prevention of Corruption Act and sentenced to one year's rigorous imprisonment, together with a fine of Rs. 500, or in default of payment, to three months' rigorous imprisonment further. His appeal was dismissed by the High Court of West Pakistan. Special leave to appeal was granted to him to consider "whether the defence plea has not b.-en established in the case, at least to the extent necessary for believing that it might reasonably be true (case of Safdar Ali PLD 1953 FC 93)". It was observed, while granting special leave, that there was no reference in the judgment of the High Court to the evidence by eight defence witnesses. The appellant died during the pendency of the appeal. As, however, a sentence of fine was inflicted by the Courts below in addition to the sentence of imprisonment, the appeal does not abate under section 431 of the Criminal Procedure Code. The legal heirs of the deceased-appellant have appeared through counsel and wish to challenge the conviction on the merits. The prosecution case was that the wife of Bunyad Ali (P.. W. 7), a clerk in the office of the Controller of Military Account, Lahore, was under the treatment of…

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