SEKANDAR ALI vs The STATE — 1971 SCMR 52

Citation: 1971 SCMR 52

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-05-30

Parties: SEKANDAR ALI vs The STATE

Headnotes

Case cited as 1971 SCMR 52

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman Title: SEKANDAR ALI vs The STATE Case No.: Petition for Special Leave to Appeal No. 112-D of 1969 Appeal No. 617 of 1966 Date of Judgment:1971-05-30 Reported As: 1971 SCMR 52 Result: Petition dismissed JUDGMENT JUDGMENT SALAHUDDIN AHMED, J.-The petitioner ha; been convicted under section 161 of the Pakistan Penal Code on the allegation that he as Tehsildar asked for and received bribe for accepting rents for a particular jama from P. W. 1 Shamsul Haque. He was caught as the result of a trap attended among others by a Magistrate and the money paid as rent and as bribe were recovered from the possession of the petitioner and his co-accused Lal Mia respectively. Co-accused Lal Mia was petitioner's Paik. The identical marked currency notes were seized from their posses--sion and the petitioner and his co-accused were tried for offences under sections 161 and 161/114 of the Penal Code respectively and while the petitioner was convicted and sentenced the co---accused was acquitted. The petitioner's defence was that he was falsely prosecuted at the instance of a college student P. W. Shamsul Haque who had a grudge against the petitioner. On behalf of the petitioner it has been contended that the High Court illegally omitted to consider the judgment of a con--nected previous case in which the petitioner was acquitted. The contention has a reference to the splitting up of the case against the…

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