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Petitioner: GHULAM MUSTAFA VS Respondent: THE STATE
1985 P Cr
1985 P Cr. L J 2144
[Lahore]
Before Muhammad Munir Khan, J
GHULAM MUSTAFA Appellant
Versus
THE STATE Respondent
Criminal Appeal No.40 ‑of 1982, heard on 10th November1984.
Penal Code (XLV of 1860)
----‑Ss. 161 & 165‑A‑‑Accused allegedly offering money as illegal gratification to driver of Magistrate‑‑‑ Record not showing that driver to whom money was offered was a public servant‑‑Question of conviction of accused under S.165‑A for abetment of offence of acceptance of illegal gratification by a public servant, held, did not arise‑‑Accused acquitted.
Masood Sadiq Mirza for Appellant.
Muhammad Ali Naqvi for the State.
Date of hearing: 10th November, 1984.
JUDGMENT
This criminal appeal arises from the judgment of the learned Senior Special Judge, Anti‑Corruption, Punjab, Lahore whereby he on 25‑1‑1982 convicted Ghulam Mustafa appellant under section 161 read with section 165‑A, P.P.C. and sentenced him to 15 months' R.I.
2. The appellant was a butcher. The charge against him was that he offered Rs.50 as illegal gratification to Riaz Shahid a driver of the Magistrate.
3. After hearing the learned counsel, I feel inclined to accept the appeal on the short ground that there being nothing on record to show that the driver to whom the money was offered was a public servant, therefore, the question of conviction of the appellant under section 165‑A for abetment of offence of acceptance of illegal gratification by a public servant does not arise.
4. For what has been stated above, this appeal is accepted. The conviction and sentence is set aside and the appellant is acquitted of the charge.
H.A. Appeal accepted.