GHULAM ALI vs The STATE — 1971 SCMR 105

Citation: 1971 SCMR 105

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-08-17

Parties: GHULAM ALI vs The STATE

Headnotes

Case cited as 1971 SCMR 105

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman, Muhammad Yaqub Ali Khan Title: GHULAM ALI vs The STATE Case No.: Petition for Special Leave to Appeal No. K-15 of 1970 Date of Judgment:1970-08-17 Reported As: 1971 SCMR 105 Result: Petition dismissed JUDGMENT JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioner, who was at the relevant time a clerk in the office of the Mukhtiarkar, was convicted under section 5 (2) of the Prevention of Corruption Act, 1947, for demanding and accepting an illegal gratification of Rs. 5 for the issuance of a solvency certificate to the complainant, Abdur Rahman. On Abdur Rahman's complaint to the Sub-Inspector, Anti- Corruption Establishment, Jacobabad a trap was arranged and one marked currency note of Rs. 5 and two currency notes of rupee one each were made over to the complainant to be paid to the petitioner. The marked currency notes were, after the payment of the illegal gratification, actually recovered by the Magistrate from the right hand of the petitioner along with other currency notes. The petitioner, on the query of the Magistrate, stated that he would give his statement afterwards, as he was not then feeling well. At the trial the petitioner denied the charge and stated that the marked currency notes pertained to a fine imposed on one, Ghous Bakhsh, and were paid to him by the said Ghous Bakhsh. This Ghous Bakhsh was also examined as a defence witness. The Courts below had disbelieved the defence…

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