MUHAMMAD ALI SHAH versus THE STATE THROUGH AG, KHYBER PAKHTUNKHWA
Section 409 of the Prevention of Corruption Act (II of 1947), Section 5 (2) violates criminal trust by public servants, accusations of criminal misconduct as evidence of illegal crime and time spent in jail The lack of conviction was upheld by a court. On the basis of this unlawful conviction, the same court should approve and punish the court of jurisdiction without regard to the time already spent in jail. The trust accused (appellant) was convicted by the Judicial Magistrate under Section 409, PPC and sentenced to 2/2 years imprisonment, however, the High Court held that the Judicial Magistrate had been prosecuted in this case. Lack of jurisdiction to hear the case and similarly the Anti-Corruption Establishment was sent with the instruction that if he has been sentenced, the period has already been spent in JA. Ali should be placed before the accused. Sentenced and sentenced the accused to one year imprisonment. The accused admitted that he had already spent a long period in jail before the first conviction, but the judge, anti-corruption, sentenced him. Do not even consider it in favor of it. Anti-corruption charges against the accused did not depend on the evidence available on the record, based on the evidence available on the record, anti-corruption and based on approved legal and admissible evidence, however, the judge, prosecuting the accused for anti-corruption And should have used discretion in his favor in sentencing him, the use of discretionary habits in favor of the accused was equivalent to abortion of justice but sentenced by the judge, changed anti-corruption period.
Related judgments — Peshawar High Court NWFP, 2013
