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Criminal Appeal No.431 of 1983, heard on 6th November, 1984.
---S.161‑‑Prevention of Corruption Act (II of 1947), S.5 Criminal Procedure Code (V of 1898), S. 342‑‑Illeg,al gratification ‑‑Statement of accused immediately after occurrence was not only relevant but also material for just ‑decision of case, not put to accused when examined under, section 342, Cr.P.C.‑‑Accused not given an opportunity to explain such incriminating statement‑‑Conviction and sentence set aside and case remanded to trial Court for retrial from stage of recording statement under section 342 Cr.P.C.
Raja Mahmood Akhtar for Appellant.
Ehsan Ahmad for the State.
Date of hearing: 6th November, 1984.
This criminal appeal arises from the judgment of the learned Special Judge, Anti‑Corruption, Punjab, Lahore, whereby he on 23‑7‑1983 convicted Nasir Baig appellant under section 161, P.P.C. read with section 5 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 one month.
2. Since after hearing the learned counsel for the appellant, I feel inclined to set aside the conviction and sentence of the appellant and send back the case for retrial on account of illegality in recording the statement of the appellant, therefore, I need not enter into the merits of the case. I find that immediately after the occurrence the appellant made statement Exh.PW.3/J wherein he stated:‑
Strangely enough this piece of evidence which was not only relevant but also material for the just decision of the case was not put to the A appellant when he was examined under section 342, Cr.P.C. and no opportunity was given to him to explain this incriminating statement. In this view of the matter, there is no option but to set aside the conviction and sentence and send back the case to the trial Court for retrial from the stage of recording statement of the accused under section 342, Cr.P.C. Order accordingly.
M. Y. H. Case remanded.
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