DILMIR KHAN vs THE STATE Case No — 1970 PCRLJ 1011

Citation: 1970 PCRLJ 1011

Court: Sindh High Court

Year: 1969

Decision Date: 1969-12-18

Parties: DILMIR KHAN vs THE STATE

Headnotes

1011 Result: Appeal allowed JUDGMENT JUDGMENT Appellant Dilmir Khan who was at all material times posted as Head Constable Police in Nawabshah town has been convicted under section 5 (2) of the Prevention of Corruption Act, 1947 and sentenced to suffer R.I. The prosecution case against him was that on 28-11-1965, he demanded and accepted an amount of Rs.

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Hayat Junejo Title: DILMIR KHAN vs THE STATE Case No.: Criminal Appeal No. 360 of 1967 Date of Judgment:1969-12-18 Reported As: 1970 P Cr. L J 1011 Result: Appeal allowed JUDGMENT JUDGMENT Appellant Dilmir Khan who was at all material times posted as Head Constable Police in Nawabshah town has been convicted under section 5 (2) of the Prevention of Corruption Act, 1947 and sentenced to suffer R.I. For one year. 2. The prosecution case against him was that on 28-11-1965, he demanded and accepted an amount of Rs. 40 from complainant Salahuddin as a bribe on the pretext that he would bring about a compromise between the complainant and his opponent Abdul Aziz. It appears that Salahuddin had filed a complaint against this Abdul Aziz and the matter was entrusted to the appellant by the S. H. O. For investigation, on 20-11-65. The appellant submitted his report on 27th November 1965, in which he had recommended that as the complainant's case appeared to be false no action was called for against Abdul Aziz. This complaint was made against the appellant by Salahuddin on 28- 11-1965, as Exh. 4 would show. 3. To support their case the prosecution examined P. W. Salahuddin, who stated that at the appointed time he paid Rs. 40 to the appellant. These notes were given to him in presence of a Magistrate under a Mashirnama, Exh. 9. It was the case of the complainant that after he paid this amount to the appellant, the latter put the money…

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