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Criminal Appeal No. 14 of 1955, decided on 31st May 1955.
(On appeal from the order of the Chief Court of Sind, Karachi, dated the 2nd August 1949, in Criminal Appeal No. 247 of 1954).
S. 421‑No complicated question of law or fact arising‑Appellate Court justified in dismissing appeal summarily.
Mahmud Ali, Advocate Federal Court instructed by M. Siddiq, Attorney for Appellant.
Jamil Hussain Rizvi, Advocate Federal Court instructed by Zahir Abbas, Attorney for Respondent.
Date of hearing : 31st May 1955.
.‑The appellant Agha Mazhar Hussain, A. S. I.,. C. I. D. Branch, Karachi was convicted by the Special Judge, Karachi, under section 161, Penal Code or alternatively under section 5 (d) of the Prevention of Corruption Act, 1947, and was sentenced to rigorous imprisonment for 2 years and a fine of Rs. 1,000 or in default of payment to an additional term of six months imprisonment.
From the conviction and sentence aforesaid and appeal was taken to the Chief Court of Sind, but it was summarily dismissed. The appellant thereupon obtained our special leave and preferred the present appeal.
The case for the prosecution was that the appellant was, directed to inquire and report regarding certain allegations made against the complainant, Bashir Ahmed Makhari, Manager, Punjab National Bank, Karachi ; that taking advantage of his position the appellant asked for Rs. 300 from the complainant saying that he was going to submit the report in his favour ; that the complainant informed the Police about this demand and as usual a trap was arranged for 3‑11‑51, when marked currency notes were recovered by the Police and the Magistrate after the same had been paid by the complainant to the appellant.
In defence, the alleged payment was not denied, but it was suggested that it was given as a loan and not as a bribe to the appellant.
Leave to appeal was granted mainly on two points:
(1) Whether the summary dismissal of the appeal under section 421, Criminal Procedure Code by the Chief Court of Sind was justified in the facts and circumstances of the case ; and
(2) Whether a fair hearing was given to the appellant by the Sind Chief Court.
As regards point No. (1), counsel for the appellant relied on the decision in the case of Khalil and others v. The Crown (P L D 1953 F C 133), and urged that the summary dismissal of the appeal was arbitrary and unjustified. But the case cited above is clearly distinguishable. No complicated question of fact or law arises in the present case, and the simple question, which requires determination, is what was the purpose of the payment. The trial Court has closely and carefully examined the evidence on either side and found the appellant guilty. In the circumstance, we are of the opinion that the appellate Court was amply justified in availing itself of the provisions of section 421 of the Criminal Procedure Code.
As regards point No. (2), in view of the explanation submitted by the Sind Chief Court we do not think there can be any legitimate ground of complaint by the appellant. In our opinion, both the contentions on behalf of the appellant fail and the appeal must, therefore, be dismissed.
Appeal dismissed.
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