STATE versus NAJIBUL HASSAN

The Pakistan Penal Code read with Section 161 of the Prevention of Corruption Act (II of 1947), Section 5 (21 bribery benefits) The benefit of the doubt was not given in the FIR but only its explanation was misleading the Anti-Corruption Police. The Raiders are also accused of allegedly taking bribes in connection with the stock witnesses' anti-corruption and gift-giving gifts belonging to a different place, allegedly not paid to the complainant after payment of the money. Received from K-ulmira, he was considered to have the benefit of the doubt and was acquitted, under the circumstances

1984 P Cr. L J 3012

[Karachi]

Before Ali Nawaz Budhani and Nasir Aslam Zahid, JJ

THE STATE-Appellant

Versus

NAJIBUL HASSAN-Respondent

Criminal Acquittal Appeal No. 80 of 1983, decided on 16th February, 1984.

Penal Code (XLV of 1860)-

-- S. 161 read with Prevention of Corruption Act (II of 1947), S. 5(21-Bribe-Benefit of doubt-Name of accused not given in F. I. R. but only his description likely to mislead Anti-Corruption Police, given-Mashirs of raid also stock witnesses of Anti-Corrup tion and belonging to a different locality - Gift deed, object of bribe, not given to complainant after alleged payment of money but secured from almirah of accused - Accused, held, rightly given benefit of doubt -and acquitted, in circumstances.

Muhammad Mustafa for A.-G. Sind for the State.

Syed Saeed Hassan for Respondent.

Date of hearing: 16th February, 1984.

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