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Criminal Appeal No. 234 of 1983, heard on 7th November, 1984.
‑‑S. 10‑‑Penal Code (XLV of 1860), S. 161‑‑Prevention of Corruption Act (II of 1947), S. 5(2)‑‑Retrial‑‑Statement of accused recorded just after occurrence, not put to him while examining him under S. 342, Cr. P. C ‑‑No opportunity afforded to accused to explain material piece of evidence‑‑Conviction set aside and case remanded for retrial from stage of statement of accused under S. 342, Cr.P.C.
Shahid Ibal for Appellant.
Sardar Khurshid for the State.
Date of hearing: 7th November, 1984.
This criminal appeal arises from the judgment of learned Senior Special Judge, Anti‑Corruption, Lahore whereby he on 26‑4‑1983 convicted Amanat Ali appellant under section 161, P.P.C. read with section 5(2) of the Prevention of Corruption Act, 1947 and sentenced him to six months' R.I. and a fine of Rs.1,000, in default thereof to further R.I. for 3 months.
2. Since after hearing the learned counsel for the parties I feel inclined to remand the case, I need not enter into the merits of the case. I find that in his statement recorded under section 342, Cr.P.C., the appellant stated:‑‑
"It is a false case. There might be some other person who had agreed to receive bribe to assist him. I have no connection with the bribe".
It may be noted that he even denied the recovery of tainted currency notes from him. In his statement Exh. P.W.1/6 which was recorded just after the occurrence, he stated:‑‑
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Strangely enough, although statement Exh.P.W.1/6 of the appellant was not, only relevant but also very material for the just decision of the case yet the trial Court did not care to put it to him when he was examined under section 342, Cr.P.C. The appellant was not afforded any opportunity to explain this piece of evidence. That being the position, there is no alternative but to set aside the conviction and sentence of the appellant and send back the case to the trial Court for retrial from the stage of recording the statement of the accused under, section 342, Cr.P.C. Order accordingly.
S. A. Case remanded.
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