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Criminal Appeal No. 1109 of 1977, heard on 8th July, 1984.

---S.430‑‑Prevention of Corruption Act (II of 1947), S.5(2)‑‑Jurisdic tion‑‑Offence under S. 430, P.P.C. not a specified offence‑‑Special Judge Anti‑Corruption, held, had no jurisdiction to try accused‑ Conviction and sentence set aside, in circumstances.‑‑(Jurisdiction).

Ghulam Hussain Qureshi for Appellant.

Mian Mushtaq for the State.

Date of hearing: 8th July, 1984.

This criminal appeal arises from the judgment of the learned Senior Special Judge Anti‑Corruption, Punjab, Lahore whereby he on 7‑11‑1977 convicted Muhammad Iqbal Patwari appellant under section 430, P.P.C. read with section 5(2) of the Prevention of Corruption Act, 1947 and sentenced him till rising of the Court and a fine of Rs.500 in default thereof to further R.I. for six months.

2. Since after hearing the learned counsel for the parties I am inclined to accept this appeal on the ground of lack of jurisdiction of the learned Senior Special Anti‑Corruption, Punjab, Lahore to try the appellant for the commission of offence under section 430, P.P.C. therefore I need not set out the facts in detail and enter into the merits of the case. Admittedly the offence punishable under section 430, P.P.C. is not a specified offence. On this short ground, I am of the view that the trial Court has no jurisdiction to try the appellant for the offence under section 430, P.P.C. read with section 5(2) of the Prevention of Corruption Act, 1947.

For what has been stated above, the appeal is accepted and the conviction and sentence of the appellant is set aside. Since there was no legal trial, therefore, I am not in a position to convict or acquit the appellant. The fine, if paid be refunded to the appellant.

S. G. D. Appeal allowed.

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