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Petitioner: KHAN MUHAMMAD VS Respondent: The STATE
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Abdul Qadeer Chaudhry Title: KHAN MUHAMMAD vs The STATE Case No.: Criminal Petition No.13-Q of 1990 Criminal Appeal No.41 of 1990 Date of Judgment:1991-06-02 Reported As: 1991 SCMR 2015 Result: Leave granted
Judgment ORDER ABDUL QADEER CHAUDHRY, J: --Leave to appeal has been sought against the judgment of the High Court dated 16-10-1990. 2. The facts, in brief, are that on the report of Abdul Ghafoor Constable, a case was registered against the petitioner that he had received illegal gratification of Rs.400 from the complainant. No raid was conducted. No amount was recovered from the petitioner. The petitioner was convicted by the Special Judge, Anti-Corruption, under section 161, P.P.C. Read with section 5(2) of Act II of 1947, and sentenced to one year and fine of Rs.5,000. The High Court in appeal maintained the conviction and fine but reduced the imprisonment to six months with benefit of section 382-B, Cr.P.C. 3. After going through the impugned judgment, we find that defence evidence has not been considered. The two witnesses produced by the defence stated that TA. Amount was sent to the concerned police station for disbursement. Leave is granted.