Appellant vs Special Judge, Rajshahi — 1971 SCMR 276

Citation: 1971 SCMR 276

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Headnotes

Case cited as 1971 SCMR 276

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Muhammad Shahabuddin, Alvin R. Cornelius, Muhammad Sharif, A. S. M. JUDGMENT Reported As: 1971 SCMR 276 Result: Appeal accepted Judgment 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 distri--bution 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…

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